S.Muthukrishnan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI 1.S.Muthukrishnan
2. Thangaselvam
3. Satheesh ... Petitioners/Accused Nos.3 to 5 Vs State of Tamilnadu Rep by the Inspector of Police, Peraiyur Police Station, Madurai District.
(Crime No.102 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Rajeshwaran 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.102 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) BNS & 4(A)(1-A), r/w 21(5) MMDR Act Old Section 379 IPC r/w 25(1) MMDR Act, in Crime No.102 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners have collected red sand and sold on the foothills of Gowri Mountain situated near S.Keelapatti Villaage. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that co-accused had already been granted bail by the Special District Court, Madurai, in Crl.M.P.No.4204 of 2025 dated 31.07.2025. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. side) submitted that the entire property has been recovered and there is no previous case pending against the petitioners. He further submitted that the investigation is almost completed. However, he opposed to grant anticipatory bail to the petitioners. 2/5
5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation is almost completed and the property has been recovered and there is no previous case pending against the petitioners and also taking note of the fact that co-accused had already been granted bail by the Special District Court, Madurai, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Peraiyur, Madurai District, on condition that each of 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court, Peraiyur, Madurai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) the petitioners 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; 3/5
(b) each of the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Mineral Foundation Trust, Madurai as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate Court, Peraiyur, Madurai District, shall accept the sureties furnished by the petitioners; (c) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate Court, Peraiyur, Madurai District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate Court, Peraiyur, Madurai District;
(d) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;
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(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. sd/- 11/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
msrm To
1. The Judicial Magistrate Court, Peraiyur, Madurai District.
2. The Officer Incharge,The District Mineral foundation Trust, Tirunelveli District.
3.The Inspector of Police, Peraiyur Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.RAJESHWARAN, Advocate ( SR-8701[I] dated 12/08/2025 )
ORDER
IN CRL OP(MD) No.12193 of 2025 Date :11/08/2025 PS/SAR.28.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5