R. Sakthivel v. State Of Tamilnadu Rep By Inspector Of Police, Kumbakonam Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI R.Sakthivel, S/o.Rajendran ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

(Crime No.191 of 2025) ... Respondent/Complainant For Petitioner : Mr.Senthilkumar.A., Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.191 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326(a) of BNS, 2023 r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.191 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused, without any valid permit, illegally excavated and stored 10 units of river sand in survey No.279/2A1AA. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail. 2/6

4. The learned Government Advocate (Crl. side) submits that there are totally two accused persons in this case and the petitioner has been arrayed as A1. A2 is still absconding. The entire properties have been recovered. He further submitted that eleven previous cases have been registered against the petitioner, out of which three are of a similar nature. Hence, 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 considering the quantity of minerals involved, and also taking note of the fact that the entire properties have already been recovered, and that as the date of registration of FIR is 27.06.2025, by this time most of the investigation might have been completed, 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 No.II, Kumbakonam, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two 3/6

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 No.II, Kumbakonam, Thanjavur 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; (b) the petitioner shall deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) to the credit of the District Mineral Foundation Trust, Thanjavur District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur 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 No.II, Kumbakonam, Thanjavur District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur District; (d) the petitioner shall report before the Inspector of Police, Thiruvidaimarudhur Police Station, Thanjavur District daily at 10.30 a.m., until further orders;

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(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/- 16/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.II, Kumbakonam, Thanjavur District.

2.Do Through The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.

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3.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

4.The Inspector of Police, Thiruvidaimarudhur Police Station, Thanjavur District.

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

Copy To The Officer Incharge, The District Mineral Foundation Trust, Thanjavur District.

ORDER

IN CRL OP(MD) No.11416 of 2025 Date :16/07/2025 HPS/05.08.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6