Samikkannu v. State Of Tamilnadu Rep By Inspector Of Police, Keeranur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Samikkannu, S/o.Veerapathiran ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Keeranur Police Station, Dindigul District.

(Crime No.224 of 2024) ... Respondent/Complainant For Petitioner :

Mr.K.Muthu Ganesa Pandian, 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.224 of 2024 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 1/5

police for the offences punishable under Sections 21(1) & 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 r/w. Section 303(2) of BNS, 2023 in Crime No.224 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused illegally transported four units of gravel sand in a lorry bearing registration No.TN-69-AJ-1897. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person, and is in no way connected with the alleged occurrence as stated by the prosecution. The petitioner is merely the owner of the vehicle and has been falsely implicated in this case. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submits that the entire properties have been recovered. He further submitted that there are no previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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 there are no previous cases registered against the petitioner, and that the entire properties have already been recovered, and that as the date of occurrence is 18.12.2024, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory 2/5

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, Palani, 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, Palani, 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; (b) the petitioner shall deposit a sum of Rs.

12,000/- (Rupees Twelve Thousand only) to the credit of the District Mineral Foundation Trust, Dindigul District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Palani shall accept the sureties furnished by the petitioner; (c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Palani.

Palani;

(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; (h) if the accused/petitioner 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, PALANI.

2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, DINDIGUL TRUST.

4 THE INSPECTOR OF POLICE, KEERANUR POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to K.MUTHU GANESA PANDIAN Advocate SR.No.6884 (I) DT.27/06/2025

ORDER

IN CRL OP(MD) No.10819 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