Navashkhan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Navashkhan (M/55) S/o.Mohamed Abdul Rahuman ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

(Crime No.388 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.J.Karthick For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.388 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, corresponding provision Section 379 of IPC, in Crime No.388 of 2025 on the file of the respondent police, seeks 1/5

anticipatory bail.

2. The case of the prosecution is that the 1st accused had illegally transported 3 units of 3⁄4 inch stone by using lorry without any valid 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 based on the confession of coaccused, he was falsely implicated in this case. He further submitted that the petitioner is a owner of the vehicle. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there is no previous case pending against the petitioner and A1 is still in judicial custody. Hence, he opposed 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 considering the fact that the entire property has been recovered and there is no previous case pending against the petitioner, 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 Court No.III, Tirunelveli, 2/5

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 Court No.III, Tirunelveli, 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.10,000/- (Rupees Ten Thousand only) before the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601 as Non-refundable deposit and on such deposit being made, the Judicial Magistrate Court No.III, Tirunelveli, shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and mobile number to the Judicial Magistrate Court No.III, Tirunelveli. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate Court No.III, Tirunelveli; 3/5

(d) the petitioner shall report before the respondent police on every Monday 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;

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

sd/- 19/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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MSRM TO 1 THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT.

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

Copy To:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-6531[I] dated 19/06/2025 )

ORDER

IN CRL OP(MD) No.10188 of 2025 Date :19/06/2025 SA/SAR. /02.07.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5