Lavson @ Jesus Loveson v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Lavson @ Jesus Loveson, S/o.Christopher ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District.

(Crime No.20 of 2025) ... Respondent/Complainant For Petitioner : Mr.Aravinthan.G, Advocate for M/s.Aran Legal Consultancy For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.20 of 2025 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 police for the offences punishable under Section 303(2) of BNS, 2023 in Crime No.20 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.01.2025, at about 11.00 a.m., when the de-facto complainant visited her property, she found that the petitioner had illegally excavated 15 units of sand, worth Rs.15,000/- from her land and stored it on his own land. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent persona and is in no way connected with the alleged occurrence as stated by the prosecution. The petitioner and the de-facto complainant are neighbours and due to land dispute between them, she lodged the present false complaint against the petitioner. He, however, submitted that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the 2/6

petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner stored 15 units of river sand worth Rs.15,000/- in his land. He further submitted that there is no previous case registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that there is no previous case registered against the petitioner, and that as the date of registration of FIR is 10.01.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. 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, Radhapuram, Tirunelveli 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 to the Police Officer, who intends to 3/6

arrest or to the satisfaction of the learned Judicial Magistrate, Radhapuram, Tirunelveli 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; (b) the petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of the Crime No.

20 of 2025 on the file of the respondent-police, before the learned Judicial Magistrate, Radhapuram, Tirunelveli District, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner and learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalised Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.20 of 2025. The Trial Court shall decide the entitlement to the deposit amount at the time of passing the final order or judgment. (c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Radhapuram, Tirunelveli 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; (h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 08.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn 5/6

TO 1.The Judicial Magistrate, Radhapuram, Tirunelveli District.

2.Do Through The Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District.

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

+1cc to M/S.G.ARAVINTHAN SR -7293(I) dated 09/07/2025 +1cc to M/S.ARUN LEGAL CONSULTANCY SR -7309(I) dated 09/07/2025

ORDER

IN CRL OP(MD) No.11396 of 2025 Date : 08/07/2025 JJ/24.07.2025 6P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6