Kumar, v. State Of Tamil Nadu, Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/05/2025 PRESENT The HONOURABLE MS. JUSTICE R.POORNIMA Kumar, S/o.Sundarrasu, Maravavalasai, Peravurani Taluk, Thanjavur District.

... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Sethubhavachathiram Police Station, Thanjavur District.

(Crime No.133/2025).

... Respondent/Complainant For Petitioner : Mr.C.Bharathi, Advocate.

For Respondent : Ms.M.Aasha, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No. 133 of 2025 on the file of the respondent police. 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 of BNS r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.133 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 1/4 unit of river sand from Maravanvayal Ambuli River through his Bullock cart, without any valid permission. The petitioner was absconded from the seen of occurrence and the police officials have recovered the Bullock cart. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side) would submit that the 2/5

petitioner has illegally transported 1/4 unit of river sand through his Bullock cart, without any valid permission and the Bullock cart was recovered from the place of occurrence, and hence he objected to grant anticipatory bail to the petitioner. However, he fairly concedes that there is no previous case pending against the petitioner and a part of the investigation is over.

5. Taking into consideration of the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner and a part of the investigation is over, 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 learned District Munsif Cum Judicial Magistrate, Peravurani on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/5

(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 report before the respondent police daily at 10.30 a.m., until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial; (e)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 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; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 28/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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MAC TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAVURANI.

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

3 THE INSPECTOR OF POLICE, SETHUBHAVACHATHIRAM POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8678 of 2025 Date :28/05/2025 SS/SAR- /02/06/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5