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Madras High CourtCRL OP(MD)/9949/2025allowed

Mathavan v. The State Of Tamilnadu

2025-06-16Honourable Mr Justice P.Vadamalai6 pages

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

(Crime No.37 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Anandan, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.37 of 2025 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 sections 281 and 106(1) of BNS, 2023 altered to Sections 281, 106(1) and 303(2) of BNS, 2023 r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.37 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 02.02.2025, the de-facto complainant's husband, along with the petitioner herein and other accused, were transporting 1/2 unit of river sand in a lorry bearing Registration No.KL-07-AT-6032 without obtaining permission from the authorities. At that time, while travelling on the Vendakottai to Kasangadu Road near Govindaraj Thoppu, the de-facto complainant's husband, along with the petitioner herein and other accused, met with an accident, involving the said lorry carrying sand. As a result, the de-facto complainant's husband fell unconscious and sustained severe injuries. He was immediately taken to the hospital, where he later succumbed to the injuries. Based on the complaint lodged by the de-facto complainant, the present case has been registered.

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3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submitted that co-accused have been granted anticipatory bail by this Court on 01.04.2025 in Crl.O.P.(MD)No.3869 of 2025. He, however, submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally four accused persons in this case and the petitioner has been arrayed as A3 and the deceased has been arrayed as A4. The accused have illegally transported 1/2 unit of river sand and the value of the same would come to Rs.7,000/-. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact that the co-accused have been granted anticipatory bail by this Court, 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 3/6

arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pattukkottai, 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 Judicial Magistrate, Pattukkottai, 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 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 the learned Judicial Magistrate, Pattukkottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Pattukkottai;

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

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; 4/6

(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] and; (g) 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 JUDICIAL MAGISTRATE, PATTUKKOTTAI.

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2.THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-6407[I] dated 17/06/2025 )

ORDER

IN CRL OP(MD) No.9949 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