Murugesan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Murugesan, S/o.Chinnadurai ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kallaperambur Police Station, Thanjavur District.

(Crime No.94 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Sivasubramanian, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.94 of 2025 on the file of the Respondent Police. 1/3

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 49 of BNS, 2023 r/w. Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.94 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons have illegally transported two and a half unit of river sand in a tipper lorry. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person, and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are 13 accused persons in this case and the petitioner has been arrayed as A5. The petitioner is having six previous cases, out of which two cases are similar in nature. A2 and A3 were arrested and are still in custody, and all other accused persons are still absconding. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the fact that there are six previous cases against the petitioner, out of which two cases are similar in nature, and considering the fact that the co-accused are still in custody, 2/3

and also considering the fact that the investigation is only at preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 05/06/2025 / 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 INSPECTOR OF POLICE, KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9327 of 2025 Date :05/06/2025 NM/13.06.2025 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3