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Madras High CourtCRL OP(MD)/14239/2025allowed

Sivaraman Dharmar @ Dharma v. The State Of Tamilnadu Rep.By

2025-08-28Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28.08.2025 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Sivaraman Dharmar @ Dharma 2.Senthilmurugan @ Senthil ... Petitioners / Accused Nos.1 and 3 Vs The State of Tamilnadu represented by The Inspector of Police, Srivaikundam Police Station, Thoothukudi District (Crime No.375 of 2025) ... Respondent For Petitioners : Mr.K.P.Narayana Kumar For Respondent : Mr.S.Prakash Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNSS PRAYER :- For Anticipatory Bail in Crime No.375/2025 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 alleged offence punishable under Sections 303(2) & 21(5) of Mines and Minerals (Development and Regulations) Act, 1951 in Crime No.375 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 15.08.2025, on receiving a secret information, the respondent police went to the place of occurrence and found the accused persons transporting gravel sand without any authority. They seized the vehicles and three unit of gravel sand. Hence the case. 3.The learned counsel appearing for the petitioners submits that the petitioners are innocents persons and they did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.side) appearing for the respondent Police submits that the quantity involved in this case is three units of gravel sand. He further submits that the first petitioner / A1 is not having any previous case, but the second petitioner / A3 is having six previous cases, out of which five cases are 2/5

similar in nature of this case.

5.Considering the previous cases pending against the second petitioner / A3 in this case, this Court is not inclined to grant relief to the second petitioner. Accordingly, this Criminal Original Petition against the second petitioner/ A3 is dismissed.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the first petitioner /A1.

7. Accordingly, this criminal original petition is partly allowed and the first 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 of receipt of a copy of this order, before the Judicial Magistrate Court No. I, Srivaikundam, on condition that the first petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No. I, Srivaikundam and on further conditions that: i. The first petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the Headmaster, Model Girls Higher Secondary School, Ulaganeri, Y.Othakadai, Madurai ; 3/5

ii. The first petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; iii. The first petitioner shall appear before the respondent police daily at 10.30 am for a period of fifteen days. He has to cooperate for the investigation. iv. The first petitioner shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The first petitioner shall be available for the trial as well.

v. On violation of any of the above conditions by the first petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 28/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1 The Judicial Magistrate Court No.I, Srivaikundam.

2 The Inspector of Police, Srivaikundam Police Station, Thoothukudi District 4/5

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

Copy to The Headmaster, Model Girls Higher Secondary School, Ulaganeri, Y.Othakadai, Madurai.

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-9361[I] dated 29/08/2025 )

ORDER

IN CRL OP(MD) No.14239 of 2025 Date :28/08/2025 NM/04.09.2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5