M.Sankar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI M.Sankar, S/o.Mariyappan
...Petitioner / Accused No.1
Vs The State of Tamil Nadu, Rep by the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.
(Crime No.155 of 2025) ... Respondent / Complainant For Petitioner :
Mr.P.Saravanakumar, Advocate.
For Respondent :
Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.155 of 2025 on the file of the respondent police. 1/7
ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 05.06.2025 for the offences under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, and 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.155 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that, on 04.06.2025 at about 09.45 A.M., while the defacto complainant and other police officials were conducting a vehicle inspection near the Thelichathanallur four-way junction, Paramakudi, they intercepted a lorry bearing Registration No.TN-28-AL-6945, which was passing through the area. Upon requesting the vehicle documents from its driver, one Sankar (A1), his inconsistent responses aroused suspicion. A subsequent inspection of the lorry revealed that approximately three units of river sand were being transported without valid government authorization. The sand was allegedly stolen for personal profit and gain. The driver was taken to the police station, and the defacto complainant lodged a complaint seeking action against both the driver and the owner of the vehicle for their involvement in the illegal transportation and theft of the sand. Hence, the case. 2/7
3. The learned counsel for the petitioner would submit that the petitioner is an innocent 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 the petitioner is in custody from 05.06.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the accused persons were illegally transporting 3 units of river sand using a a lorry bearing Registration No.TN-28-AL-6945, without possessing any valid permit and the entire properties have been recovered. He would further submit that there are no previous cases against the petitioner. He, however, would submit that the investigation in this case is still pending and therefore, opposes the grant of 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 also taking into 3/7
consideration the period of incarceration and the alleged properties have already been recovered, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Paramakudi, Ramanathapuram District and on further conditions that:- [a] 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, Paramakudi, Ramanathapuram District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Paramakudi, Ramanathapuram District. [c] the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees 4/7
Ten Thousand only) to the credit of Chairman / District Collector, District Mineral Foundation Trust of the concerned District and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner. [d] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.
[e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
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8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 18/06/2025 / TRUE COPY / 18/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION RAMANATHAPURAM DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, MUDUKULATHUR.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, RAMANATHAPURAM DISTRICT.
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+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-6440[I] dated 18/06/2025 )
ORDER
IN CRL OP(MD) No.10143 of 2025 Date :18/06/2025 SS/SAR- /18/06/2025/ 7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7