Dharamaraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Dharamaraj, S/o.Thangavel 2.Selvaraj, S/o.Chinnaiyan ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Siruganur Police Station, Trichy District.

(Crime No.120 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.120 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under section 303(1) of BNS, 2023 r/w. Sections 21(1) and 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.120 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally transported 2 units of gravel sand by using a tipper lorry. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent and the petitioners have not committed any offence as alleged by the prosecution, and they have been falsely implicated in this case. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submits that the petitioners have illegally transported 2 units of gravel sand, and there are no previous cases against the petitioners. However, he objected to grant anticipatory bail to the petitioners.

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5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and considering the quantity of river sand, and also considering the fact that there are no previous cases 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 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, Lalgudi, 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 or to the satisfaction of the learned Judicial Magistrate, Lalgudi, 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.7,500/- (Rupees Seven Thousand and Five Hundred only) each to the credit of the District Mineral 3/5

Foundation Trust, Trichy District, and on such deposit being made, the learned Judicial Magistrate, Lalgudi shall accept the sureties furnished by the petitioners; (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 Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 09/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE LALGUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION, TRICHY DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, TRICHY DISTRICT.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-6093[I] dated 10/06/2025 )

ORDER

IN CRL OP(MD) No.9547 of 2025 Date :09/06/2025 SS/SAR- /12/06/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5