Ganesh @ Ganeshkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.06.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ganesh @ Ganeshkumar ... Petitioner / Accused No.4 Vs.
The State of Tamil Nadu, Rep. by the Inspector of Police, Somarasanpettai Police Station, Trichy District.
(Crime No.216 of 2025) ... Respondent / Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for Anticipatory Bail in Crime No.216 of 2025 on the file of the respondent police.
For Petitioner :
Mr.S.Sathyachidambaram, Advocate For Respondent :
Mr.M.Karunanithi, Government Advocate (Criminal Side) 1/4
ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of the BNS, 2023 and Section 21(4) of the Mines and Minerals (Development and Regulation Act), in Crime No.216 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 10.06.2025, while the respondent police were on routine patrol duty, they found that Accused Nos.1 to 3 in the present crime were transporting 21⁄2 units of river sand in a lorry bearing Registration No.TN-45AJ-2297. The respondent police immediately secured the said accused persons. Based on the confession statement of Accused No.1, the petitioner was arrayed as an accused. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that there are no previous cases against the petitioner. Hence, he seeks anticipatory bail to the petitioner. 2/4
4. The learned Government Advocate (Criminal Side) would submit that there are totally four accused persons in this case and the petitioner has been arrayed as A4. He would further submit that all the accused persons, except the petitioner, have been arrested and are still in custody. He would also submit that there are no previous cases against the petitioner. He would also submit that the investigation is still pending, and therefore, he opposes the grant of anticipatory bail to the petitioner.
5. This Court has heard the learned counsel on both sides and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and taking note of the fact that the investigation is at a nascent stage, and also the fact that Accused Nos.1 to 3 are still in custody, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.
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7. In the result, this Criminal Original Petition is dismissed. sd/- 24/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1.THE INSPECTOR OF POLICE, SOMARASANPETTAI POLICE STATION, TRICHY DISTRICT. 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-6783[I] dated 26/06/2025 ) ORDER IN CRL OP(MD) No.9984 of 2025 Date :24/06/2025 PR/11.07 .2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4