Suresh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Suresh (M/47/2025) S/o.Kullanthai Samy,

2. Iniyan (M/25/2025) S/o.Suresh .. Petitioners/Accused Nos.1 and 2 Vs State of Tamil Nadu, Rep by The Inspector of Police, Thangachimadam Police Station, (Cr.No.46 of 2025) .. Respondent/Complainant For Petitioners : Mr.D.Balamurugapandi For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.46 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 112 of BNS in Crime No.46 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had possessed 164kgs of cardamoms to illegally transported to Sri Lanka. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the property has been recovered from these petitioners and there is no previous case pending as against the petitioners. However, he vehemently opposed for grant of 2/6

anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the property has also been recovered and the material part of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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 Judicial Magistrate, Rameshwaram, Ramanathapuram District, on condition that each of the petitioner shall execute a separate 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 to the satisfaction of the Judicial Magistrate, Rameshwaram, Ramanathapuram District, 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; 3/6

(b) each of the petitioner shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to M.S.Chellamuthu Trust and Research Foundation, Current Account No.11194450660, IFSC Code No.SBIN0001479, MICR No.625002006 in the State Bank of India, Vinayaganagar Branch No.8, Dr.Ambedkar Road, Madurai - 20, and on such deposit being made, the Judicial Magistrate, Rameshwaram, Ramanathapuram District, shall accept the sureties furnished by the petitioners;

(c) the petitioners shall furnish their residential address and mobile number to the Judicial Magistrate, Rameshwaram, Ramanathapuram District, In the event of any change in their residential address, the petitioners shall report the same to the Judicial Magistrate, Rameshwaram, Ramanathapuram District,;

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

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(f) the petitioners 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 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;

(h) if the accused 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 ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The Judicial Magistrate, Rameshwaram, Ramanathapuram District.

2. Do Through The Chief Judicial Magistrate, 5/6

3. The Inspector of Police, Thangachimadam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To M.S.Chellamuthu Trust and Research Foundation, Vinayaganagar Branch No.8, Dr. Ambedkar Road, Madurai - 20.

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-6342[I] dated 16/06/2025 )

ORDER

IN CRL OP(MD) No.9934 of 2025 Date :16/06/2025 HPS/03.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6