Senthilkumar v. State Of Tamilnadu Rep By Inspector Of Police, Ayyampettai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Senthilkumar s/o.Govintharaj

...Petitioner/Sole Accused

Vs.

The State rep. by, The Inspector of Police, Ayyampettai Police Station, Thanajavur District.

(Crime No.218 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Arun Prasad Advocate For Respondent : Mr.M.Karunanithi, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.218 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 303(2) of BNS r/w Section 21(4) of Mines and Minerals (Development and Regulation) Act, in Crime No.218 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported 2 bags of river sand by using two wheeler. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) submits that the petitioner is arrayed as sole accused and he illegally transported two bags of river sand without any valid permission. He further submitted that the petitioner is having four previous cases, in which two cases are similar in nature. Hence, he objected to grant anticipatory bail to the petitioner. However, he fairly concedes that the properties have also been recovered.

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5. Considering the facts and circumstances of the case and also considering the fact that the properties have also been recovered, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.III, Thanjavur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.III, Thanjavur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before the District Mineral Foundation Trust, Thanjavur District as Non3/6

refundable deposit and on such deposit being made, the learned Judicial Magistrate No.III, Thanjavur shall accept the sureties furnished by the petitioner; (c) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.III, Thanjavur. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate No.III, Thanjavur;

(b) the petitioner shall report before the respondent police daily twice i.e. 10.30 a.m. and 05.30 p.m., until further orders; (e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with 4/6

law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 13/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, AYYAMPETTAI, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT.

+1 CC to M/s.A.ARUN PRASAD, Advocate ( SR-6341[I] dated 16/06/2025 )

ORDER

IN CRL OP(MD) No.8668 of 2025 Date :13/06/2025 SS/SAR- /23/06/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6