Meiyarasan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Meiyarasan, S/o.Ganesan ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Vangal Police Station, Karur District.
(Crime No.455 of 2023) ... Respondent/Complainant For Petitioner : Mr.Lenin Kumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.455 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under section 379 of IPC r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.455 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has illegally transported 4 units of river sand by using a Lorry. 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.
4. The learned Government Advocate (Crl. side) submits that the case is of the year 2023. The petitioner has illegally transported 4 units of river sand, and the properties have been recovered.
5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking into account of the fact that the properties have been recovered, and also considering the fact that the case is of the year 2023, by this time most of the investigation would have been completed, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 2/5
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 No.II, Karur, 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 No.
II, Karur, 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.20,000/- (Rupees Twenty Thousand only) before the District Mineral Foundation Trust, Karur District as Non-refundable deposit and on such deposit being made, the Judicial Magistrate No.II, Karur shall accept the sureties furnished by the petitioner. (c) the petitioner shall report before the respondent police daily at 10.30 a.m.
(d) the petitioner shall not tamper with evidence or witness either during 3/5
investigation or trial;
(e) the petitioner 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 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; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 04/06/2025 / 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 NO.II, KARUR, 4/5
2 THE CHEIF JUDICIAL MAGISTRATE, KARUR, 3 THE INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5. OFFICER INCHARGE, THE DISTRICT MINERAL FOUNDATION TRUST, KARUR. +1. CC to LENIN KUMAR Advocate SR.No.5966 (I) DT.05/06/2025
ORDER
IN CRL OP(MD) No.9186 of 2025 Date :04/06/2025 NM/10.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5