Anbuselvan v. State Of Tamilnadu Rep By Inspector Of Police, Pattukottai Taluk
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Anbuselvan, S/o.Alagar, ..Petitioner/ Accused No.6 Vs The State of Tamilnadu rep.by The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.
(Crime No.191 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.191 of 2025 on the file of the Respondent Police. 1/5
ORDER : This Court made the following order :- The petitioner / Accused No.6, who was arrested and remanded to judicial custody on 05.06.2025 for the offences punishable under Sections 189(2), 296(b), 281, 121(1), 109, 303(2) of BNS, 2023 r/w.21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.191 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 04.06.2025, the respondent police and other officials had conducted surveillance, at that time, the accused persons were illegally transported river sand in a vehicle, when the same was questioned by the officials, the accused persons used abusive language against them and threatened them with dire consequences. Hence, the case.
3. The learned counsel for the petitioner would submit that a false complaint has been lodged against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 05.06.2025 nearly 11 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the accused persons were illegally transported one unit of river sand. The same was 2/5
questioned by the officials, the accused persons threatened the official with dire consequences. The property was recovered from the accused persons. In this case, totally there are six accused, this petitioner was arrayed as Accused No.6. The other Accused were already arrested. This petitioner is having one previous, which is similar in nature. Hence, he strongly objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the property was recovered by the respondent police, the petitioner/accused No.6 remanded into judicial custody on 05.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of Judicial Magistrate, Pattukottai and on further conditions that :- [a] 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 3/5
the Judicial Magistrate, Pattukottai. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Pattukottai; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m. and 05.30p.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 16/06/2025 / TRUE COPY / 16/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn 4/5
TO
1. THE JUDICIAL MAGISTRATE, PATTUKOTTAI
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
3. THE OFFICER INCHARGE, SUB-JAIL, THANJAVUR.
4. THE INSPECTOR OF POLICE, PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-6328[I] dated 16/06/2025 )
ORDER
IN CRL OP(MD) No.9969 of 2025 Date :16/06/2025 HPS/16.06.2025 /5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5