Mariammal v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Mariammal, W/o.Ramamoorthi 2.Muniyasamy, S/o.Ramamoorthi ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Abiramam Police Station, Ramanathapuram District.
(Crime No.75 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Muniyandi, 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.75 of 2025 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under section 303(2) of BNS r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.75 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners illegally transported 1/4 unit of river sand by using a truck. Hence, a case has been registered.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons, and they have been falsely implicated in this case. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Crl. side) submits that the petitioners have been arrayed as A3 and A4 in this case. A1 and A2 have been granted anticipatory bail by this Court on 03.06.2025 in Crl.O.P.(MD)No.9075 of 2025. He further submitted that the petitioners illegally transported 1/4 unit of river sand, and both the petitioners have one previous case of a similar nature. Hence, he objected to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and considering the quantity of minerals involved, and also 2/5
taking note of the fact that the co-accused have been granted anticipatory bail by this Court, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Kamuthi, on condition that the petitioners shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) each 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, Kamuthi, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioners 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 petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) each to the credit of the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.
sureties furnished by the petitioners;
(c) the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of thirty days and thereafter, as and when required for the interrogation;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners 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 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] and; (g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 27/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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MKN TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI.
2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.
3. THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.
4 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to S.MUNIYANDI Advocate SR.No.6878 (I) DT.27/06/2025
ORDER
IN CRL OP(MD) No.10755 of 2025 Date :27/06/2025 NM/09.07.2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5