Sathiyapriya @ Sathyapriya v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Sathiyapriya @ Sathyapriya : Petitioner/A3 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Musiri Police Station, (Crime No.354 of 2025) : Respondent/Complainant For Petitioner : Mr.S.Gokul Raj, 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.354 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6

The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under section 303(2) of BNS and Section 21(1) of Mines and Mineral (Development & Regulation) Act 1957, in Crime No.354 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 07.07.2025, the petitioner along with other accused had illegally transported five units of river sand by using a lorry bearing Reg.No.TN-28-BC-8726, without any valid license. Hence, a case has been registered.

3.The learned counsel appearing for the petitioner submitted the petitioner is innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is the owner of the vehicle and is not having any previous case. The first accused was arrested and released on bail by the learned Principal District and Sessions Judge, Trichy in Cr.M.P.No.2823 of 2025. dated 16.07.2025.

4.The learned Government Advocate (Criminal side) submitted that on 07.07.2025, the petitioner along with other accused had illegally transported five 2/6

units of river sand by using a lorry bearing Reg.No.TN-28-BC-8726, without any valid license. He further submitted that the properties have already been recovered and the first accused was arrested and released on bail.

5. Taking into consideration of the facts and circumstances of the case and considering fact that the properties have already been recovered and the petitioner is not having any previous case similar in nature and also taking note of the fact that most of the investigation might have been completed and the first accused was already released on bail by the learned Principal District and Sessions Judge, Trichy, 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Musiri, Trichy, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Musiri, Trichy, failing which, the 3/6

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.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, Musiri, Trichy, shall accept the sureties furnished by the petitioner;

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

(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 herself 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/- 23/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate, Musiri, Trichy.

2.Do Through The Chief Judicial Magistrate, 3.The Inspector of Police, Musiri Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy To The Officer Incharge, The District Mineral Foundation Trust, +1 CC to M/s.S.GOKULRAJ, Advocate ( SR-7971[I] dated 24/07/2025 )

ORDER

IN CRL OP(MD) No.12267 of 2025 Date :23/07/2025 HPS/19.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6