Palanisamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Palanisamy, S/o.Subbarayan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Velliyanai Police Station, Karur District.

(Crime No.146 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Gokulraj, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/4

PRAYER :- For Anticipatory Bail in Crime No.146 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023 r/w. Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.146 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that based on secret information, the respondent police proceeded to the location and found that A1 and A2 had stored 35 units of river sand behind the Kannur Highways Bharat Petrol Bunk for commercial purposes. Hence, the present 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. The petitioner is merely the owner of the land. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/4

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case and the petitioner has been arrayed as A3. A1 and A2 were arrested and are still in custody. The petitioner is the owner of the land. He submitted that with the permission of the petitioner, A1 and A2 stored the river sand in his land. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the quantity of minerals involved, and also taking note of the fact that the co-accused were arrested and are still in custody, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 17/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1.The Inspector of Police, Velliyanai Police Station, Karur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.9332 of 2025 Date :17/06/2025 PS/SAR.22.07.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4