Baskar @ Baskaran v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Baskar @ Baskaran, S/o.Vadivelu @ Vadivel.

2.Manokaran @ Manokar S/o.Thachena Moorthy @ Thechinamoorthy.

:Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.221 of 2025) ... Respondent/Complainant For Petitioners : Mr.C.Senthil Murugan, 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.221 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023 r/w. Section 21(1) of the Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.221 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 03.07.2025, at about 10.15 am, the police personnel attached with the respondent police was in routine patrol, they found that the petitioners have illegally transported 3⁄4 unit of rough stone, 1.3/4 unit of M.sand in the lorry bearing Reg.No.TN-45-L-3085. Hence, the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, and have not committed any offence as alleged by the prosecution. 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 on 03.07.2025, at about 10.15 am, when the police personnel attached with the respondent police was in routine patrol, they found that the petitioners have illegally transported 6 unit of M-sand. The entire properties have been recovered. He further submitted that there are no previous cases registered against the 2/5

petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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 the entire properties have already been recovered, and that as the date of occurrence is 03.07.2025, by this time most of the investigation might have been completed and also the fact that the petitioners are not having any bad antecedents, 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 Judicial Magistrate No.I, Karur 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.

(b) the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the credit of the District Mineral Foundation Trust, Karur District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate No.I, Karur shall accept the sureties furnished by the petitioners; (c) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.I, Karur. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.I, Karur;

(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; 4/5

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

sd/- 05/08/2025 / 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 No.I, Karur.

2.The Inspector of Police, Thanthonimalai Police Station, Karur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to The Officer Incharge, District Mineral Foundation Trust, Karur District. ORDER IN CRL OP(MD) No.13006 of 2025 Date :05/08/2025 SBN/28.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5