Sambath v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Sambath, S/o.Karuppasamy, Sirukudi,Devipattinam, Pottagavayal, Naranamangalam, Ramanathapuram District.

... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Devipattinam Police Station, In Cr.No.117/2025, Ramanathapuram District..

... Respondent/Complainant For Petitioner :

Mr.C. Susikumar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.117 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner /accused No.1, who was arrested and remanded to judicial custody on 07.05.2025 for the offences under sections 303 (2), 132 BNS, 2023 r/w.21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.117 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with other accused have illegally transported one unit of savudu sand by using Mahindra Bolero bearing Registration No.TN-65-AT-7365, 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 07.05.2025, hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused have illegally transported one unit of savudu sand by using Mahindra Bolero bearing Registration No.TN-65-AT-7365, without any valid permission. He would further submit that the property has been recovered and petitioner is having 12 previous cases, out of which, 8 cases have been disposed of hence he objected to grant bail to the petitioner.

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 2/5

of incarceration this court is inclined to grant bail to the petitioner, subject to the following 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 a like sum to the satisfaction of learned Judicial Magistrate No.I, Ramanathapuram 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 petitioner shall make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to his 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.

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

sd/- 21/05/2025 / TRUE COPY / 23/05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CP TO

1. The Judicial Magistrate No.I, Ramanathapuram.

2. Do through the Chief Judicial Magistrate, Ramanathapuram.

3. The Officer Incharge, District Jail, Ramanathapuram. 4.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

copy to The Chairman/District Collector, District Mineral Foundation Trust, Ramanathapuram District.

ORDER

IN CRL OP(MD) No.8845 of 2025 Date :21/05/2025 NBF/23.05.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5