U. Muniyaraj v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI U.Muniyaraj, S/o.Urkavalan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Sub Inspector of Police, Alangulam Police Station, Vembakottai Taluk, Virudhunagar District.

(Crime No.27 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Jeevabharathi, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.27 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. Sections 4 (1)(1A) and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 r/w. Section 3 of TN Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.27 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner's son illegally transported one unit of gravel sand using a tractor and trailer. When the de-facto complainant attempted to stop that vehicle, the petitioner's son did not stop and fled from the spot. While the de-facto complainant was chasing the tractor, the tractor collided with the vehicle of a government official, thereby causing damage to it. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submits that this is the second anticipatory bail application before this Court. The petitioner is an innocent 2/6

person, and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submits that the co-accused has been arrested and subsequently released on bail. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submits that there are totally two accused persons in this case and the petitioner has been arrayed as A1. A2 has been arrested and subsequently released on bail. He further submits that there are two previous cases against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also considering the fact that the co-accused have been arrested and released on bail, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on 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 Judicial Magistrate - II, Sattur, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of 3/6

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 Judicial Magistrate - II, Sattur, Virudhunagar District, 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 deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Mineral Foundation Trust, Virudhunagar District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate - II, Sattur, Virudhunagar District shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate - II, Sattur, Virudhunagar District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate - II, Sattur, Virudhunagar District; (d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) 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; (h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 12/06/2025 / 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 JUDICIAL MAGISTRATE - II, SATTUR, VIRUDHUNAGAR DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

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3.THE SUB INSPECTOR OF POLICE, ALANGULAM POLICE STATION, VEMBAKOTTAI TALUK, VIRUDHUNAGAR DISTRICT.

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

COPY TO THE OFFICER INCHARGE, THE DISTRICT MINERAL FOUNDATION TRUST, VIRUDHUNAGAR DISTRICT.

+1 CC to M/s.R.JAGADEESHWARAN, Advocate ( SR-6280[I] dated 13/06/2025 )

ORDER

IN CRL OP(MD) No.9734 of 2025 Date :12/06/2025 HPS/26.06.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6