Veeman v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Veeman, S/o.Poosari ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.121 of 2023) ... Respondent/Complainant For Petitioner : Mr.Balasubramanian.N, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.121 of 2023 on the file of the Respondent Police. 1/6

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 379 of IPC r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.121 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused has illegally transported 1/4 unit of river sand using a bullock cart. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The earlier application in Crl.O.P.(MD) No.8928 of 2023 was allowed on 17.05.2023. Since the petitioner is an agriculturist, he was unable to mobilize the amount imposed as one of the conditions in the order dated 17.05.2023. As he failed to comply with the said order, the time granted for executing sureties also lapsed, resulting in the dismissal of the earlier anticipatory bail. Hence, the petitioner has now filed a fresh anticipatory bail application.

4. The learned Government Advocate (Criminal Side) submitted that there is 2/6

no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account that the earlier anticipatory bail granted by this Court was dismissed solely due to non-compliance with one of the conditions imposed and the failure to produce sureties within the stipulated time, 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 arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Thottiyam, 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 District Munsif cum Judicial Magistrate, Thottiyam, 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 3/6

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, Trichy District as Nonrefundable deposit and on such deposit being made, the learned District Munsif cum Judicial Magistrate, Thottiyam shall accept the sureties furnished by the petitioner;

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

(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 4/6

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/- 16/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, THOTTIYAM.

2.THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

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

4.THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.9857 of 2025 Date :16/06/2025 PR/30.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6