Muneeswararaja v. Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). No.10698 of 2025 Muneeswararaja, S/o.Thavamuni ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Sub Inspector of Police, M.Reddiyapatti Police Station, Virudhunagar District.

(Crime No.65 of 2025) ... Respondent/Complainant For Petitioner : Mr.Jagadeeshwaran R, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.65 of 2025 on the file of the Respondent Police. 1/5

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 and Regulation) Act, 1957 in Crime No.65 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused illegally transported 25 metric tons of stone using a Taurus lorry bearing Registration No.TN-65-BV-2428, without a valid permit. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He, further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that the petitioner, who is the driver of the vehicle, illegally transported 25 metric tons of stone using a lorry, without a valid permit. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioner. 2/5

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that as the date of occurrence is 30.05.2025, by this time most of the investigation might have been completed, and that the entire properties have already been recovered, 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 learned Judicial Magistrate, Arupukottai, Virudhunagar District, 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 learned Judicial Magistrate, Arupukottai, Virudhunagar District, 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; 3/5

(b) the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the District Mineral Foundation Trust, Virudhunagar District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Arupukottai, Virudhunagar District shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Arupukottai, Virudhunagar District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Arupukottai, Virudhunagar District; (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] and; 4/5

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

sd/- 03/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Judicial Magistrate, Arupukottai, Virudhunagar District.

2.Do Through, The Chief Judicial Magistrate,Virudhunagar District. 3.The Sub Inspector of Police, M.Reddiyapatti Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Officer in Charge, District Mineral Foundation TrustVirudhunagar. +1. CC to JAGADEESHWARAN R Advocate SR.No.7165

ORDER

IN CRL OP(MD) No.10698 of 2025 Date :03/07/2025 MGJ/18.07.2025 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5