Vinoth v. State Of Tamilnadu Rep By Inspector Of Police, Adiramapattinam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Vinoth (M/36) S/o.Nadimuthu, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, The Inspector of Police, Adhiramapattinam Police Station, Thanjavur District.

(Crime No.304 of 2025) ... Respondent For Petitioner : Mr.N.Balasubramanian 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.304 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS r/w Section 21(i) of Mines and Minerals Act, in Crime No.304 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons have illegally transported 1⁄2 unit of river sand by using Bolero van, without any permission. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that A1 had already been arrested and thereafter, he released on bail by the Principal District Judge, Pattukottai. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that the petitioner along with other accused persons have illegally transported 1⁄2 unit of river sand, without any permission. He further submitted that the property has been recovered and there is one previous case pending against the petitioner. However, he opposed 2/5

to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and because the property has been recovered and co-accused had already been released on bail, the material part of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the 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 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 deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of the District 3/5

Mineral Foundation Trust, Thanjavur District as Non-refundable deposit and on such deposit being made, the Judicial Magistrate, Pattukkottai, shall accept the sureties furnished by the petitioner; (c) the petitioner shall furnish his residential address and mobile number to the Judicial Magistrate, Pattukkottai. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate, Pattukkottai;

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

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

(f) the petitioner 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 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;

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(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 17/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PATTUKKOTTAI. 3 THE INSPECTOR OF POLICE, ADIRAMAPATTINAM, POLICE STATION, THANJAVUR DISTRICT.

4 THE OFFICER INCHARGE, THE DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.10073 of 2025 Date :17/06/2025 NBF/30.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5