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Madras High CourtCRL OP(MD)/9430/2025granted

Ravi v. The State Of Tamilnadu Rep.By

2025-06-06Honourable Dr Justice R.N.Manjula5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2025 PRESENT THE HONOURABLE MS. JUSTICE R.N.MANJULA Ravi ... Petitioner/ Sole Accused Vs State of Tamilnadu, Rep., by, The Inspector of Police, Vattathikkottai Police Station, Thanjavur District (In Crime No.95/2025) ... Respondent/Complainant For Petitioner : Mr.Sarathkumar G, Advocate.

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.95 of 2025 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303(2) of BNS act & 1/5

Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.95 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 25.04.2025, when the defacto complainant conducted routine surveillance, the petitioner illegally transported 1⁄4 unit of river sand by a double bullock cart without having any valid permit or licence. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he had not committed any offence as alleged by the prosecution. A false case has been foisted against the petitioner. This petitioner is 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 petitioner illegally transported 1⁄4 unit of river sand in double bullock cart without having any valid license or permit. The respondent police seized the property, and hence he objected to grant anticipatory bail to the petitioner. However, he fairly concedes that no previous case is pending against the petitioner.

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, no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the 2/5

petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory 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 learned Judicial Magistrate, Pattukottai, Thanjavur District 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 learned Magistrate concerned, 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 make a non-refundable deposit of Rs.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(d) the petitioner shall not tamper with evidence or witness either during 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 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 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 4/5

3 THE INSPECTOR OF POLICE, VATTATHIKKOTTAI POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE CHAIRMAN / DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR.

ORDER

IN CRL OP(MD) No.9430 of 2025 Date :06/06/2025 SA/SAR. /18.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5