Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Selvaraj,

2. Chellathadurai @ Chellamuthu,

3. Athamanathan,

4. Palanivel,

5. Meiyanathan,

6. Muthuraman @ Muthusamy

7. Ramanathan ... Petitioners/Accused Nos.1 to 7 Vs The Inspector of Police, Nagudi Police Station, Pudukkottai District.

Crime No. 187/2024.

... Respondent/Complainant For Petitioners :

Mr.D.Rameshkumar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 187 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS and Sections 21() and 21(2) of Tamil Nadu Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.187 of 2024, seek anticipatory bail. 2.The case of the prosecution is that each of the petitioner had illegally transported 1⁄4 unit of river sand. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.Accordingly, this Petition is allowed and each of the petitioners shall pay a sum of Rs.7,000/- (Rupees Seven Thousand only) (Totally Rs.49,000/-) to the credit of Light Social Welfare Trust, Arumuganeri (*) (Account No.310100140450002, IFSC Code: TMBL0000310, Tamil Nadu Merchantile Bank, Arumuganeri), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Aranthangi, Pudukkottai District.

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6. On production of such receipt, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Aranthangi, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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; (b)the petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial; (e)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 3/5

in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/08/2024 (*)Corrected as per the order of this Court dated 10.09.2024 made in Crl.O.P.(MD).

No.13737 of 2024.

Time for executing the sureties is extended for a period of one week from the date of receipt of a copy of this order.

/ TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO (*) To be substituted to the order already despatched on 22/08/2024. 1 THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3 THE INSPECTOR OF POLICE, NAGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO THE OFFICER INCHARGE, LIGHT SOCIAL WELFARE TRUST, ARUMUGANERI.

ORDER IN CRL OP(MD) No.13737 of 2024 Date :22/08/2024 RS/VR/SAR-(03.09.2024) 5P 6C PSP/ SG /SAR /23.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5