Nagarjunan v. The State Of Tamil Nadu, Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Nagarjunan, S/o.Rajaram 2.Selvanagar, S/o.Sethuraman 3.Karthick, S/o.Rajarathinam ... Petitioners/A3, A4 & A7 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Nagaiahpuram Police Station, Madurai District.

(Crime No.33 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Jayaprakash, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.33 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A3, A4 & A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023 r/w. Sections 4(1)(1A) and 21(5) of the Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.33 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 16.07.2025, based on secret information, the de-facto complainant, who is the Village Administrative Officer of Soudarpatty, made a surprise visit to the area of S. Meenatchipuram, west of a river canal, where she found that the accused persons were illegally excavating river sand using a JCB and two tipper lorries. Upon seeing the de-facto complainant, the accused fled away from the spot. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the 2/7

petitioners are innocent persons, and have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He further submitted that A5, A6, A8 and A9 were arrested and subsequently released on bail by the learned Special District Judge to Deal with the Cases of Offences in Contravention of the Provisions of the Mines & Minerals (D & R) Act, 1957, Madurai on 31.07.2025 in Crl.M.P.Nos.4281 and 4280 of 2025, respectively. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally ten accused persons in this case and the petitioners have been arrayed as A3, A4 and A7. He further submitted that A5, A6, A8 and A9 were arrested and subsequently released on bail by the learned Special District Judge to Deal with the Cases of Offences in Contravention of the Provisions of the Mines & Minerals (D & R) Act, 1957, Madurai on 31.07.2025 in Crl.M.P.Nos.4281 and 4280 of 2025, respectively. The entire properties have been recovered. He submitted that there are no previous cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that four of the co-accused were arrested and subsequently released on bail, and that the entire properties have already been recovered, and that as the date of occurrence is 16.07.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioners, subject to 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 District Munsif cum Judicial Magistrate, Periyur on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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 District Munsif cum Judicial Magistrate, Periyur, 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; 4/7

(b) the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of the District Mineral Foundation Trust, Madurai District as Non-refundable deposit and on such deposit being made, the learned District Munsif cum Judicial Magistrate, Periyur shall accept the sureties furnished by the petitioners;

(c) the petitioners shall furnish their residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Periyur. In the event of any change in their residential address, the petitioners shall report the same to the learned District Munsif cum Judicial Magistrate, Periyur; (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 themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; 5/7

(h) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 01/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

Mkn TO 1.The District Munsif Cum Judicial Magistrate, Periyur. 2.Do through The Chief Judicial Magistrate, Madurai. 3.The Inspector of Police, Nagaiahpuram Police Station,Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to 6/7

The Officer Incharge, The District Mineral Foundation Trust, Madurai District. +1 CC to M/s.R.JAYAPRAKASH, Advocate ( SR-8316[I] dated 01/08/2025 )

ORDER

IN CRL OP(MD) No.12339 of 2025 Date :01/08/2025 PR/22.08.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7