Prathiep Alias Pradeep v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2025 PRESENT THE HONOURABLE MS. JUSTICE R.N.MANJULA

1. Prathiep Alias Pradeep, S/o. Thangathambi Middle Street, Pallikondan, Pattukottai Taluk, Thanjavur District..

2. Manoj Alias Manojkumar, S/o. Gunasekaran No.152, Middle Street, Sendakottai, Pattukottai Taluk, Thanjavur District..

3. Simiyan, S/o. Arokiyasamy No.141, Perumal Kovil Street, Pattukottai Taluk, Thanjavur District..

... Petitioners/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police, Vattathikottai Police Station, Thanjavur District (Crime No. 118 of 2025).

... Respondent/Complainant 1/6

For Petitioners : Mr.Karunakaran.K.M., For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 118 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.2 to 4, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 303(2) of BNS r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.118 of 2025 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 02.06.2025, based on the secret information, the respondent police had conducted raid near Kurichi Agni river bed, at that time, the petitioners along with other accused illegally transported 3⁄4 unit of river sand by using Bolero Pickup without having any valid permit or licence. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners would submit that the 2/6

petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. A false case has been foisted against the petitioners. This petitioners are ready and willing to abide any conditions that may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl.side) would submit that this petitioners illegally transported 3⁄4 unit of river sand in a Bolero Pickup without having any valid license or permit. The respondent police seized the property, and hence he objected to grant anticipatory bail to the petitioners. However, he fairly concedes that no previous case is pending against the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the property was seized by the respondent police and no previous case is pending 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 anticipatory 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 learned Judicial Magistrate, Pattukottai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 3/6

or to the satisfaction of the learned Magistrate concerned, failing which, the petition 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.2,500/- (Rupees Two Thousand and Five Hundred only) each to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to their defence before the trial Court and produce the acknowledgment at the time of executing bond; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(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 4/6

Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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

RMK TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT.

3 THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

5 THE CHAIRMAN / DISTRICT COLLECTOR, DISTRICT MINEAL FOUNDATION TRUST, THANJAVUR DISTRICT.

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+1. CC to M/S. KARUNAKARAN.K.M. Advocate SR.No.5999 (I) DT.06/06/2025

ORDER

IN CRL OP(MD) No.9421 of 2025 Date :06/06/2025 NM/16.06.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6