Palaninathan v. State Of Tamilnadu Rep By Inspector Of Police, Kadaladi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.06.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Palaninathan ... Petitioner / Accused No.1 Vs.

The State of Tamil Nadu, rep by the Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

(Crime No.12 of 2025) ... Respondent / Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for Anticipatory Bail in Crime No.12 of 2025 on the file of the respondent police.

For Petitioner :

Mr.R.Balamuruganantham Advocate For Respondent :

Mr.M.Karunanithi, Government Advocate (Criminal Side) 1/6

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.12 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 03.02.2025, while the defacto complainant was on patrolling duty to prevent mines case, the petitioner had illegally transported 3 units of River sand. Hence, the case.

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. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the accused person was illegally transported 3 units of river sand. He would further submit that the alleged properties have been seized by the respondent police. He would also submit that there are 10 previous cases against the petitioner. He would also submit that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner. 2/6

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 investigation is almost completed and the alleged properties have already been recovered, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. 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, Kadaladi, Ramanathapuram District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (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, Kadaladi, Ramanathapuram 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. 3/6

(b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Kadaladi, Ramanathapuram District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Kadaladi, Ramanathapuram District. [c] the petitioner shall make a non-refundable deposit of Rs.15,000/- (Rupees Fifteen 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 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]. 4/6

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

7. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 25/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SN TO 1 THE JUDICIAL MAGISTRATE, KADALADI, RAMANATHAPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE CHAIRMAN / DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, RAMANATHAPURAM.

4 THE INSPECTOR OF POLICE, KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT.

5/6

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

+1. CC to R.BALAMURUGANANTHAM-MS/755/201 Advocate SR.No.6879 (I) DT.27/06/2025

ORDER

IN CRL OP(MD) No.10615 of 2025 Date :25/06/2025 NM/08.07.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6