Solaimalai v. State Of Tamilnadu Rep By Inspector Of Police, Velliyanai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Solaimalai, S/o.Chokkalingam ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Velliyanai Police Station, (Crime No.61 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Senthilkumar, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.61 of 2025 on the file of the Respondent Police. 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 Section 303(2) of BNS, 2023 r/w. Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.61 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused illegally transported granite stones without a valid permit, using a lorry bearing registration No.TN-28-AL-9510. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and the stones were transported by the driver with valid permit only. Without even verifying the valid permit, the respondent registered a F.I.R., as if one Prasad, who has been arrayed as A2 in this case, is the owner of the lorry. The said Prasad is no way connected with the lorry. He further submitted that the 2/6

petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He however submitted that the petitioner is willing 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 the accused transported granite stones without a valid permit. He further submitted that A1 was arrested and subsequently released on bail. 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 two of the co-accused was arrested and subsequently released on bail, and that as the date of occurrence is 21.02.2025, by this time most of the investigation might have been completed, 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 his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Karur District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- 3/6

(Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Karur District and on further conditions 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 No.II, Karur District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Karur District;

(c) the petitioner shall stay at Madurai and report before the Inspector of Police, Melur Police Station, Madurai daily at 10.30 a.m. for a period of 30 days and thereafter, the petitioner shall report before the respondent police as and when required for the interrogation;

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(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; (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 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.

mkn TO 1.The Judicial Magistrate No.II, 5/6

2. Do Through The Chief Judicial Magistrate, 3.The Inspector of Police, Velliyanai Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Inspector of Police, Melur Police Station, Madurai.

ORDER

IN CRL OP(MD) No.10216 of 2025 Date :19/06/2025 HPS/07.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6