Ramar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ramar, S/o.Solaimalai ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Aundipatti Police Station, Theni District.

(Crime No.181 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Susikumar, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.181 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 r/w. Section 21

(4) of the Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.181 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant, who is serving as the Village Administrative Officer, received confidential information regarding illegal sand transportation. On 10.05.2025, he, along with deputed officials, proceeded to Aundipatti-Pullimankombai Main Road, where they found that 1st and 2nd accused were transporting 3 units of crusher sand without valid permission or license, using vehicles bearing Registration Nos.TN-60-BX-3396 and TN-60-BX-0559. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent persona and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner 2/6

is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the accused were found illegally transporting 3 units of crusher sand without valid permission or license. A1 to A3 have been granted anticipatory bail by this Court on 24.06.2025, in Crl.O.P.(MD)Nos.8664 & 8665 of 2025 respectively. He further submitted that the entire properties have already been seized. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the quantity of minerals involved, and also taking note of the fact the co-accused have been granted anticipatory bail by this Court, and that the entire properties have already been seized, 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, Aundipatti 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 arrest or to the satisfaction 3/6

of the learned Judicial Magistrate, Aundipatti 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 make a non refundable deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Aundipatti. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Aundipatti;

(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 4/6

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/- 11/07/2025 / 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, AUNDIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, AUNDIPATTI POLICE STATION, THENI DISTRICT.

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

5/6

Copy to:

THE CHAIRMAN / DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, THENI DISTRICT.

ORDER

IN CRL OP(MD) No.11698 of 2025 Date :11/07/2025 AS/30.07.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6