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Madras High CourtCRL OP(MD)/11983/2025allowed

Kaliyappan v. The State Of Tamilnadu Through The Inspector Of Police,

2025-08-12Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Kaliyappan, S/o.Subbrayan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Vangal Police Station, Karur District.

(Crime No.135 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Ramesh Kumar, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.135 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 Sections 303(2), 336(3) and 340(2) of BNS, 2023 r/w. Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 1/6

in Crime No.135 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 05.06.2025, at about 3.00 a.m., while the police party was on patrolling duty near Manmangalam Bridge, they found 26 tipper lorries, twelve of which were loaded with three units of river sand each. It is alleged that the accused were illegally transporting the same without obtaining permission from the competent authorities. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submitted that A1 to A3 and A5 were arrested and subsequently released on bail by the learned Principal District and Sessions Judge, Karur, on 30.06.2025 in Crl.M.P.Nos.982 and 1000 of 2025, respectively. A6 was arrested and released on bail by the learned District and Sessions Judge, Karur, on 02.07.2025 in Crl.M.P.No.1079 of 2025. A7 was arrested and released on bail by this Court on 03.07.2025 in Crl.O.P.(MD)No.10301 of 2025. A8, A9, and A10 were arrested and released on bail by the learned District and Sessions Judge, Karur, on 02.07.2025 in Crl.M.P.Nos.1078 and 1077 of 2025, respectively. He, however, submitted that the petitioner is ready to deposit a sum of Rs.1,00,000/- to show his bonafide, and is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there are totally eleven accused persons in this case and the petitioner has been arrayed as A11. A1 to A3 and A5 were arrested and subsequently released on bail by the learned Principal District and Sessions Judge, Karur, on 30.06.2025 in Crl.M.P.Nos.982 and 1000 of 2025, respectively. A6 was arrested and released on bail by the learned District and Sessions Judge, Karur, on 02.07.2025 in Crl.M.P.No.1079 of 2025. A7 was arrested and released on bail by this Court on 03.07.2025 in Crl.O.P.(MD)No.10301 of 2025. A8, A9, and A10 were arrested and released on bail by the learned District and Sessions Judge, Karur, on 02.07.2025 in Crl.M.P.Nos.1078 and 1077 of 2025, respectively. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, 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 the co-accused were arrested and subsequently released on bail, and that as the date of occurrence is 05.06.2025, by this time most of the investigation might have been completed, and also considering the bonafide expressed by the petitioner, this court is of the view that custodial interrogation of the petitioner is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain 3/6

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.2, Karur 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.

2, Karur 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.1,00,000/- (Rupees One Lakh only) each to the credit of the District Mineral Foundation Trust, Karur District as Nonrefundable deposit and on such deposit being made, the learned Judicial Magistrate No.2, Karur 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.2, Karur District.

Magistrate No.2, Karur 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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 12/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1 The Judicial Magistrate No.2, Karur District. 2 The Inspector of Police, Vangal Police Station, Karur District. 3 The Officer Incharge, District Mineral Foundation Trust, Karur District. 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.RAMESH KUMAR, Advocate ( SR-8842[I] dated 14/08/2025 )

ORDER

IN CRL OP(MD) No.11983 of 2025 Date :12/08/2025 NBF/SAR- /28/08/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6