P Rameshkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). Nos.9083 & 9084 of 2025 P.Rameshkumar S/o.Perumal Goundar ... Petitioner/A3 in N.Veerasamy S/o.Narayanagoundar ... Petitioner/A4 in Crl.O.P.(MD)No.9084/2025 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thennilai Police Station, Karur District.

(Crime No.39 of 2025) ... Respondent/Complainant in both Crl.OPs.

For Petitioners : Mr.M.Mohamed Sherbudeen, (in both Crl.OPs.) Advocate For Respondent : Mr.M.Karunanithi, (in both Crl.OPs.) Government Advocate (Crl.Side) 1/6

PETITIONS FOR ANTICIPATORY BAIL Under Sec.482 of BNSS COMMON PRAYER :- For Anticipatory Bail in Crime No.39 of 2025 on the file of the Respondent Police. COMMON ORDER : The Court made the following order :- The petitioners/A3 & A4, who apprehend arrest at the hands of the respondent police for the offences punishable under section 303(2) of BNS r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.39 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally transported 10 units of rough stones by using two Tipper Lorries. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners submits that the petitioners are the owners of the lorries, and are innocent persons, and they have not committed any offence as alleged by the prosecution. He further submits that accused Nos.1 and 2 have been arrested and subsequently released on bail. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submits that the petitioners have illegally transported 10 units of rough stones, and there is no previous case against the petitioners. A1 and A2 have been arrested and released on bail. 2/6

However, he objected to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and considering the quantity of rough stones, and taking into account of the fact that A1 and A2 have been arrested and released on bail, and also considering the fact that there are no previous cases against the petitioners, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Aravakkurichi, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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, Aravakkurichi, failing which, the petitions for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioners 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 petitioners shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) each to the credit of the Head Master, Sethupathi 3/6

Government Higher Secondary School, Tiruchuli, Virudhunagar District, Account No.:30700985498, State Bank of India, Tiruchuli, IFSC Code : SBIN0003832, and on such deposit being made, the learned Judicial Magistrate, Aravakkurichi shall accept the sureties furnished by the petitioners;

(c) the petitioners 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 the interrogation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; 4/6

(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 03/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE JUDICIAL MAGISTRATE, ARAVAKKURICHI.

2 THE CHEIF JUDICIAL MAGISTRATE ARAVAKKURICHI.

3 THE INSPECTOR OF POLICE, THENNILAI POLICE STATION, KARUR DISTRICT.

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

5/6

5. HEAD MASTER SETHUPATHI GOVERNMENT HIGHER SECONDARY SCHOOL, TIRUCHULI, VIRUDHUNAGAR DISTRICT.

+1. CC to M.MOHAMED SHERBUDEEN Advocate SR.No.5885 (I) DT.03/06/2025

ORDER

IN CRL OP(MD) No.9083 of 2025 Date :03/06/2025 NM/10.06.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6