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Madras High CourtCRL OP(MD)/9384/2026granted

Vinoth v. The State Of Tamilnadu Rep By

2026-05-06Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/05/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Vinoth

2. Prabhakaran

3. Prasanna ... Petitioners Vs The State of Tamilnadu Rep By, The Inspector of Police, Adhiramapattinam Police Station, Thanjavur District.

(Crime No.175 of 2026).

... Respondent PRAYER :- AB.For Anticipatory Bail in Crime No.175 of 2026 on the file of the respondent Police.

For Petitioner : Mr.N. Balasubramanian For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303 (2) of BNS ACT, 2023 and 21(1) of MMDR Act, seeks anticipatory bail. 1/6

2. The case of the prosecution is that the petitioners have illegally transported the river sand of 1⁄2 unit. Hence, a case has been registered as against the petitioners.

3. The learned Counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the offences committed by the petitioners are serious in nature and there is no previous case pending against the accused 2 and 3 and so far as the first accused is concerned, there are two previous case pending against him.

5. Considering the facts and circumstances of the case and also considering the fact that the accused 2 and 3 are concerned, there is no previous case pending against them and the first accused is concerned, there are two previous cases against him, this Court is inclined to grant 2/6

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 his appearance, 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 Judicial Magistrate, Pattukkottai, within a period of fifteen days from the date when the order copy made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b] The petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only)jointly, to the credit of the Head Mistress, Kakkaipadiniar Corporation Girls Higher Secondary School, Madurai-2, in SBI Account No.11450416844, IFSC No.SBIN0007922; CIF No:81185397104; State Bank of India, C.T.O. Complex, Thangaraj Road, Madurai. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly 3/6

constructed class rooms under 'Namakku Naame' Scheme. On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioners;

[c] the petitioners shall appear before the respondent police as and when required for interrogation.

[d]the petitioners shall not tamper with the 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

06.05.2026 CM 4/6

TO 1.The Inspector of Police, Adhiramapattinam Police Station, Thanjavur District.

(Crime No.175 of 2026).

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3. The Judicial Magistrate, Pattukkottai 5/6

S.SRIMATHY,J CM

ORDER

IN CRL OP(MD) No.9384 of 2026 Date : 06/05/2026 6/6