Karunakaran v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD). No.14268 of 2025 Karunakaran ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Tirunelveli District - 627 416.

(Crime No.321 of 2025) ... Respondent/Complainant For Petitioner : Mr. Shaikh Mehrunisa Advocate.

For Respondent : Mr. S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.321 of 2025 on the file of the Respondent Police. 1/8

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC, and Section 21(1) of Mines and Minerals Development and Regulation Act, 1957, in Crime No.465 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused person had transported quarter unit of river sand illegally by using bullock cart, without any permission. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an 2/8

innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that one previous case is pending against the petitioner. He further submitted that the entire property has been recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the entire property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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6. Accordingly, this petition is allowed and 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 learned Judicial Magistrate No.2, Karur, on condition that 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 No.2, Karur, failing which, the petition for anticipatory bail shall stand 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 4/8

Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.2, Karur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.2, Karur;

(c) the petitioner shall report before the respondent police daily at 10.30 am., for a period of one week and thereafter, as and when required for interrogation;

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

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

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 5/8

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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;

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

(S S Y J) 14.10.2025 KSA To

1. The Judicial Magistrate Court, Ambasamudram 2.The Inspector of Police, Palanichetti Police Station, Theni District.

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

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S.SRIMATHY, J.

KSA

ORDER

IN CRL OP(MD) No.14268 of 2025 7/8

Date :14.10.2025 8/8