Raj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Raj, M/38 years, S/o.Duraisamy, No.297, Anna Nagar East, Srinivasanallur, Kumbakkonam Taluk, Thanjavur.

2. Mohanraj, M/41 years, S/o.Selladurai, No.1-134-C, Anna Nagar, Srinivasanallur, Kumbakonam Taluk, Thanjavur.

..Petitioner/Accused No.1 and 2 Vs State rep by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Crime No.210 of 2025) .. Respondent/Complainant 1/6

For Petitioners : Mr.M.Karunanithi Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.210 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused No.1 and 2, who were arrested and remanded to judicial custody on 12.06.2025 for the offences punishable under Sections 303(2) of BNS and 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.210 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners had illegally transported 4 bags of river sand by using two wheeler, without any valid permission. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide and conditions that may be imposed by this Court. He further submits that the petitioners undertakes to deposit amount that may be imposed by this Court. He would further submit that 2/6

the petitioners are in custody from 12.06.2025. Hence, he seek bail.

4. The learned Government Advocate (Criminal Side) would submit that the property has been recovered. He further submit that there is no previous case pending against A1 and there is one previous case pending against A2. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the property has been recovered and the investigation has been completed. Further, considering the period of incarceration suffered by the petitioners, this court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of District Munsif Cum Judicial Magistrate, Thiruvidaimaruthur 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[ each of the petitioner shall deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of the District Mineral Foundation Trust, Thanjavur 3/6

District as Non-refundable deposit and on such deposit being made, the District Munsif Cum Judicial Magistrate, Thiruvidaimaruthur, shall accept the sureties furnished by the petitioners;

[c] The petitioners shall furnish their residential address and mobile number to the District Munsif cum Judicial Magistrate, Thiruvidaimaruthur. If the petitioner changes their residential address, they shall report the same to the District Munsif cum Judicial Magistrate, Thiruvidaimaruthur;

[d] the petitioners shall appear and sign before the respondent police daily at 10.30 a.m.until further orders.

[e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 4/6

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 24/06/2025 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

2 THE SUPERINTENDENT, DISTRICT PRISON, THANJAVUR.

3 THE THE INSPECTOR OF POLICE, THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT.

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

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

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ORDER

IN CRL OP(MD) No.10474 of 2025 Date :24/06/2025 NM/24.06.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6