S Chakravarthy 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 1.S.Chakravarthy

2. R.Kalayarasi ... Petitioners/Accused No.1 & 2 Vs State of Tamilnadu Rep by the Sub-Inspector of Police, Thiruppalaikudi Police Station, Ramanathapuram District.

(Crime No.110 of 2025) ... Respondent/Complainant For Petitioners : Mr.C.Gangaiamaran 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.110 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) of BNS 2023 and Section 21(4) of Mines and Minerals (Development and Regulation) Act, in Crime No.110 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners illegally took 1 unit of river sand, without any prior permission from the Government Officials. 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 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.

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 2/5

recovered and there is no previous case pending against the petitioners, 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, Thiruvadanai, Ramanathapuram 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, Thiruvadanai, Ramanathapuram 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; (b) each of the petitioner shall deposit a sum of Rs.

(c) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate Court, Thiruvadanai, 3/5

Ramanathapuram District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate Court, Thiruvadanai, Ramanathapuram 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;

(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.

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msrm To

1. The Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District.

2. Do through the Chief Judicial Magistrate, Ramanathapuram District.

3. The Officer Incharge, The District Mineral Foundtion Trust, Ramanathapuram District.

4.The Sub-Inspector of Police, Thiruppalaikudi Police Station, Ramanathapuram District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.GANGAI AMARAN, Advocate ( SR-8124[I] dated 29/07/2025 )

ORDER

IN CRL OP(MD) No.12569 of 2025 Date :29/07/2025 PS/SAR.20.08.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5