Suresh v. State Of Tamilnadu Rep By Inspector Of Police, Thiruvaiyaru

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/05/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Suresh ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No. 98 of 2025). ... Respondent/Complainant For Petitioner : Mr.M.Prabu, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 98 of 2025 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 02.05.2025 for the offences under sections 303(2) of BNS r/w. 21(1) of Mines and 1/5

Minerals (Development and Regulation) Act, 1957 in Crime No.98 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and other accused persons have illegally transported four gunny bags of river sand in a two-wheeler bearing registration No.TN-49-BC-6256 without any valid permission. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 02.05.2025. Hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner and other accused persons have illegally transported four gunny bags of river sand in a two-wheeler without any valid permission and the petitioner has three previous cases. Hence, he objected to grant bail to the petitioner. However, he fairly concedes that the property has been recovered.

5. Taking into consideration the facts and circumstances of the case and also the fact that property has been recovered and also taking into consideration the period of incarceration and taking note of the quantity of the seized river sand, this court is inclined to grant bail to the petitioner, subject to the certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for 2/5

a like sum to the satisfaction of learned Judicial Magistrate, Thiruvaiyaru, Thanjavur and on further conditions that :- [a] 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 petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to their defence before the trial Court and produce the acknowledgment at the time of executing bond; [c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required for interrogation; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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 3/5

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 22/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

APD TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:

THE CHAIRMAN / DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT.

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ORDER

IN CRL OP(MD) No.8707 of 2025 Date :22/05/2025 SA/SAR. /23.05.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5