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Madras High CourtCRL OP(MD)/9953/2025allowed

Jebadurai v. The State Of Tamilnadu

2025-06-25Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Jebadurai, S/o.Mani 2.Thaveetthu, S/o.Vedhakan 3.Ruban, S/o.Gnanaraj 4.Muthukutty, S/o.John ... Petitioners/A2 to A5 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

(Crime No.310 of 2025) ... Respondent/Complainant For Petitioners : Mr.C.K.M.Appaji, 1/6

Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.310 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023 in Crime No.310 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused were found cutting trees in a forest land and transporting the same in a tractor. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons. In fact, the 1st accused induced the petitioners by claiming that the said land belonged to him and asked them to transport the trees. He furhter submitted that the 1st accused was arrested and subsequently released on bail on 2/6

03.06.2025 by the learned Judicial Magistrate No.5, Tirunelveli in Crl.M.P.No.2290 of 2025. He however submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons in this case and the petitioners have been arrayed as A2 to A5. A1 was arrested and subsequently released on bail. The entire properties have been recovered. He further submitted that there are no previous cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that there are no previous cases registered against the petitioners, and that the co-accused has been arrested and subsequently released on bail, and that as the entire properties have already recovered, the custodial interrogation of the petitioners is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 3/6

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Tirunelveli on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.V, Tirunelveli. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.V, Tirunelveli;

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

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(d) the petitioners shall not tamper with 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 25/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.V, Tirunelveli.

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2. Do Through The Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.9953 of 2025 Date :25/06/2025 HPS/14.07.2025 /6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6