Jegatheesa Balamurugan v. State Of Tamilnadu Rep By Inspector Of Police, Abiramam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14636 of 2025 Jegatheesa Balamurugan ..Petitioner/ Accused Rank Not Known Vs State Of Tamilnadu, Rep By The Inspector Of Police, Abhiramam Police Station, Ramanathapuram District.
(Crime No.Not Known of 2025) Respondent(s) For Petitioner(s):
Mr.M.Vigneshwaran For Respondent(s):
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.Not Known of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023, in Crime No.Not Known of 2025 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner had transported one unit of river sand illegally by using Tractor, without any permission. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail. 2/8
4. The learned Government Advocate (Crl. side) submitted that the investigation has been almost completed and there are two previous case pending against the petitioner similar in nature. However, he opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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 of receipt of a copy of this order, before the 3/8
learned District Munsif Cum Judicial Magistrate Court, Kamuthi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with 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 District Munsif Cum Judicial Magistrate Court, Kamuthi, Ramanathapuram District, 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 Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner shall furnish his residential address and mobile number to the 4/8
learned District Munsif Cum Judicial Magistrate Court, Kamuthi, Ramanathapuram District. 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, Kamuthi, Ramanathapuram District;
(c) the petitioner shall do social service at the Government Rajaji Hospital, Madurai, for a period of three weeks.
Thereafter, the petitioner shall report before the respondent Police as and when required;
(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;
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(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 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.
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To 1.The learned District Munsif Cum Judicial Magistrate Court, Kamuthi, Ramanathapuram District.
2.The Inspector Of Police, Abhiramam Police Station, Ramanathapuram District.
3.The Dean, Government Rajaji Hospital, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.14636 of 2025 Date : 08.09.2025 8/8