Deepan Sakkarvarthi v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI A.Deepan Sakkaravarthi ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by the Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.
(Crime No.152 of 2025) . ... Respondent/Complainant For Petitioner : Mr.S.Ramsundar Vijayraj 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.152 of 2025 on the file of the Respondent Police.
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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 of BNS & 21(1) of MMDR Act, in Crime No.152 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 27.04.2024, at about 10.45 p.m., the police party were conducted a vehicle inspection near the Chathiraretiyapatti police checkpoint. At that time, they intercepted the petitioner's vehicle bearing registration No.TN-52-A-5797 and conducted an inspection. The petitioner had a permit for transporting sand. Upon checking the permit, it was found that the date on the permit had been modified and 6 units of sand illegally transported. Hence, the 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 the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
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4. The learned Government Advocate (Criminal Side) submitted that the entire property has been recovered and there are three previous cases pending against the petitioner. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation has been almost completed and after dismissal of earlier petition, the respondent police have not taken any steps to secure the petitioner and the entire property has been recovered, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.2, Virudhunagar, Virudhunagar 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 Judicial Magistrate No.2, Virudhunagar, Virudhunagar District, failing which, the petition for anticipatory bail shall stand 3/6
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.30,000/- (Rupees Thirty Thousand only) to the credit of the District Mineral Foundation Trust, Virudhunagar District as Non-refundable deposit and on such deposit being made, the Judicial Magistrate No.2, Virudhunagar, Virudhunagar District, shall accept the sureties furnished by the petitioner;
(c) the petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.2, Virudhunagar, Virudhunagar District. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate No.2, Virudhunagar, Virudhunagar District;
(d) the petitioner shall report before the respondent police daily at 10.00 a.m.,and 05.00 p.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 4/6
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/- 29/07/2025 / 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 NO.2, VIRUDHUNAGAR,
2. THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT.
3. THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, VIRUDHUNAGAR DISTRICT.
4.THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-8140[I] dated 29/07/2025 ) 5/6
ORDER
IN CRL OP(MD) No.12646 of 2025 Date :29/07/2025 NM/13.08.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6