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Madras High CourtCRL OP(MD)/9723/2025allowed

Rooban @ Rupan v. The State Of Tamilnadu

2025-06-12Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Rooban @ Rupan, S/o.Muniyasamy ... Petitioner/A6 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Mandapam Police Station, Ramanathapuram District.

(Crime No.24 of 2025) ... Respondent/Complainant For Petitioner : Mr.J.Peer Mohammed, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.24 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 49, 61(2), 137(2) and 308(4) of BNS, 2023 in Crime No.24 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused illegally transported ganja in a boat and requested the de-facto complainant to assist them in loading the contraband. Upon learning of this illegal activity, the de-facto complainant informed the Customs Department. In order to wreak vengeance, the accused abducted the de-facto complainant, demanded a sum of Rs.6,00,000/- from him, and confined him in a secluded place. Upon payment of Rs.2,00,000/- by the de-facto complainant's mother, he was released by the accused. Hence, the case.

3. The learned counsel for the petitioner submitted that this is the second anticipatory bail application before this Court. The petitioner is an innocent person, and has not committed any offence as alleged by the prosecution. A false case has been foisted against the petitioner. He further submitted that one of the co-accused has already been granted anticipatory bail by this Court, and accused Nos.1, 4, 7 to 11 and 13 were arrested and subsequently released on bail. Hence, he seeks 2/6

anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are fifteen accused persons in this case and the petitioner has been arrayed as A6. There are two previous cases against the petitioner. He further submitted that accused Nos.1, 4, 7 to 11 and 13 have been arrested and subsequently released on bail. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the fact that even after the dismissal of the earlier anticipatory bail application, the respondent police has not taken any effective steps to secure the accused, and also taking into account of the fact that one of the co-accused was granted anticipatory bail by this Court and other co-accused have been arrested and subsequently released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rameswaram 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 to the Police Officer, who intends to arrest or 3/6

to the satisfaction of the learned Judicial Magistrate, Rameswaram and on further conditions 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Rameswaram. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Rameswaram;

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

(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; 4/6

(g) if the accused 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, RAMESWARAM.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMESWARAM.

3 THE INSPECTOR OF POLICE, MANDAPAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to J. PEER MOHAMMED Advocate SR.No.6326 (I) DT.16/06/2025 5/6

ORDER

IN CRL OP(MD) No.9723 of 2025 Date :12/06/2025 NM/19.06.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6