Ashokkumar @ Raja v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Ashokkumar @ Raja ... Petitioner/ Accused No.3 Vs The State of Tamilnadu, represented by The Inspector of Police, Jeeyapuram Police Station, Trichy District.

(Crime No.222 of 2025) ... Respondent/ Complainant For Petitioner : Mr.S.Sathya Chidambaram, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.222 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) BNS, 2023 and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.222 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 10.06.2025, the petitioner along with two other persons had illegally transported 4 units of river sand by using Ashok Leyland lorry. Hence, the case.

3. No doubt, the petitioner's earlier petition for anticipatory bail in Crl.O.P. (MD)No.10158 of 2025 was dismissed by this Court vide order dated 25.06.2025.

4. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner and that the petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

5. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 3 accused, the petitioner arrayed as A3, that the petitioner and two other persons had illegally transported 4 units of river sand by using Ashok Leyland lorry and that the petitioner is the owner of the vehicle. He would further submit that the properties were recovered by the respondent police and that the accused 1 and 2 were already arrested and released on bail by the Principal District and Sessions Court, Tiruchirappalli in Cr.M.P.No.2197 of 2025 dated 27.06.2025. However, he opposed to grant anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, and also considering the fact that the properties have already been recovered and taking note of the fact that the accused 1 and 2 were already released on bail and taking note of the change in circumstances since the dismissal of the earlier petition, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the 3/6

date of receipt of a copy of this order, before the Judicial Magistrate No.III, Trichy District on condition that the petitioner shall execute a 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 the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.III, Trichy 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.20,000/- (Rupees Twenty Thousand only) to the credit of the District Mineral Foundation Trust, Trichy District as Non-refundable Deposit and on such deposit being made, the learned Judicial Magistrate No.III, Trichy District, shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.III, Trichy District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.III, Trichy District;

(d) the petitioner shall report before the respondent police 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 07/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO 1 The Judicial Magistrate No.Iii, Trichy .

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2 Do Through The Chief Judicial Magistrate, Trichy District.

3 The Inspector of Police, Jeeyapuram Police Station, Trichy District.

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

Copy to 1 The Officer Incharge, District Mineral Foundation Trust, Trichy District.

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-8574[I] dated 08/08/2025 )

ORDER

IN CRL OP(MD) No.12137 of 2025 Date :07/08/2025 NM/22.08.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6