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Madras High CourtCRL OP(MD)/10847/2025allowed

Paramasivam v. The State Of Tamil Nadu

2025-06-30Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Paramasivam (M/45 years) S/o.Sathan

2. Kunjadaikan (M/47 years) S/o.Manikatti ..Petitioner/Accused Nos.1 & 2.

Vs State of Tamil Nadu Rep by the Inspector of Police, Nangavaram Police Station, Karur District.

(Crime No.156 of 2025) .. Respondent/Complainant For Petitioners : Mr.K.Arunraj 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.156 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/5

The petitioners / Accused No. 1 & 2, who were arrested and remanded to judicial custody on 17.06.2025 for the offences punishable under Sections 303(2) of BNS r/w Section 21(1) of MMDR Act, in Crime No.156 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the respondent police was doing regular checkup, at that time, the petitioners were found in illegal possession of 1 unit of silt, without any permission. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He would further submit that 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 the petitioners are in custody from 17.06.2025. Hence, he seek bail.

4. The learned Government Advocate (Criminal Side) would submit that the property has been recovered and the investigation has been completed. He would further submit that there are 3 previous cases pending against A1 and 1 previous case pending against A2. Hence, he objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also 2/5

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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.II, Kulithalai 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.7,500/- (Rupees Seven Thousand and Five Hundred) to the credit of the District Mineral Foundation Trust, Karur District as Non-fundable deposti and on such deposits being made, the learned Judicial Magistrate No.II, Kulithalai, shall accept the sureties furnished by the petitioners;

[c] The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Kulithalai If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate No.II, Kulithalai; [d] the petitioners shall appear and sign before the respondent police daily at 10.30 a.m.until further orders.

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

sd/- 30/06/2025 / TRUE COPY / 30/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, KULITHALAI. 4 THE INSPECTOR OF POLICE, NANGAVARAM POLICE STATION, KARUR DISTRICT.

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

copy to THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, KARUR DISTRICT.

ORDER

IN CRL OP(MD) No.10847 of 2025 Date :30/06/2025 NBF/30.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5