Manick Batcha Alias Manikkabatcha v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Manick Batcha Alias ManikkaBatcha, S/o.Jyothy Lingam 2.Ramar, S/o.Vinayagam ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Parthipanoor Police Station, Ramanathapuram District.

(Crime No.103 of 2025) ... Respondent/Complainant For Petitioners : Mr.Rajiv Gandhi, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.103 of 2025 on the file of the Respondent Police. 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.103 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused illegally transported one unit of saral sand using a tractor with a trailer. Hence, the present case.

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. They have been falsely implicated in this case. 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 2/5

totally two accused persons in this case. The tractor, along with trailer, has been recovered. He submitted that there are no previous cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and considering the quantity of minerals involved, and also taking note of the fact that the tractor, along with trailer, has been recovered, and that there are no previous cases registered against the petitioners, and that as the date of registration of FIR is 13.08.2025, by this time material part 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Paramakudi, 3/5

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) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Paramakudi, Ramanathapuram District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Paramakudi, Ramanathapuram District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial; (f) 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

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

sd/- 22/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Parthipanoor Police Station, Ramanathapuram District.

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

+1 CC to M/s.K.RAJIV GANDHI, Advocate ( SR-9116[I] dated 22/08/2025 )

ORDER

IN CRL OP(MD) No.13830 of 2025 Date :22/08/2025 HPS/16.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5