Madras High CourtCRL OP(MD)/14528/2025granted

Kutti @ Chitambaram v. The State Of Tamilnadu,

2025-09-03Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.09.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Kutti @ Chitambaram ... Petitioner/ Accused No1.

Vs The State of Tamil Nadu Through the Inspector of Police, Ammapet Police Station, Thanjavur District.

(Cr.No.415 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.Alagumani For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.415 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 303(2)of BNS Act, in Crime No.415 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 22.08.2025 at about 04.00 p.m the respondent went on routine inspection for sand theft and found a TATA Ace bearing Registration No.TN 78 MB 0607 with 1⁄2 unit of sand, the petitioner is the owner of the vehicle and the second accused is the driver of the vehicle, who escaped from the occurrence place, the respondent has registered the case. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that 25 previous cases have been registered against the petitioner out of which 20 cases are 2/6

similar in nature. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also considering the quantity of minerals involved and taking note of the fact that the entire properties have already been recovered and that as the date of registration of FIR is 22.08.2025, by this time material part of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate Court, Papanasam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Papanasam, and on further conditions that: (a) the petitioner and the sureties shall affix their 3/6

photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall furnish his residential address and mobile number to the learned District Munsif cum Judicial Magistrate Court, Papanasam. In the event of any change in his residential address, the petitioner shall report the same to the learned District Munsif cum Judicial Magistrate Court, Papanasam;

(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 Court is entitled to take appropriate 4/6

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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 03/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ebsi TO

1. The District Munsif cum Judicial Magistrate, Papanasam.

2. The Inspector of Police, Ammapet Police Station, Thanjavur District.

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

5/6

Copy to:

The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu.

ORDER

IN CRL OP(MD) No.14528 of 2025 Date :03/09/2025 HPS/16.09.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6