Gobinath v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY Gobinath ... Petitioner Vs.

The State of Tamil Nadu Represented by The Inspector of Police, Kalaiyarkovil Police Station Sivagangai District (Crime No.466 of 2025) ... Respondent For Petitioner : Mr.Marichamy For Respondent : Mr.S.S.Manoj Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.466 of 2025 on the file of the respondent police. ORDER: The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS(379 of IPC) r/w.Section 21(4) of Mines and Minerals (Development and Regulation) Act,1957 in 1/5

Crime No.466 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 01.09.2025 at about 7.00 a.m.,the petitioner along with other accused is said to have illegally transported six units of savudu sand in a taurus lorry bearing Reg.No. TN 45 BJ 0399. Hence the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.Side) appearing for the respondent submitted that the petitioner along with other accused is said to have illegally transported six units of savudu sand in a taurus lorry bearing Reg.No. TN 45 BJ 0399, thereby he would oppose for grant of anticipatory bail.

However he fairly concedes that no previous case is pending against the petitioner. 5.Considering the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate No.

days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity; [b]the petitioner alone shall make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Headmaster, Panchayat Union Middle School, LKB Nagar, Sakkimangalam, Madurai in South Indian Bank Limited, Sakkimangalam Branch, Account No.0733053000000794 IFSC No.SIBL0000733, MICR Code: 625059008, without prejudice to his contentions and rights before the trial Court, for purchasing 30 sets of Bench Desk for the Tribal students under "Namakku Naame" Scheme and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner; [c]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[d]the petitioner shall not tamper with the 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 action against the petitioner in accordance with law as if 3/5

the conditions have been imposed and the petitioner is 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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

sd/- 04/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

aav TO

1. The Judicial Magistrate No.I, Sivagangai 2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai. 4.The Head Master, Panchayat Union Middle School, L K B Nagar, Sakkimangalam, Madurai.

+1 CC to M/s.G.ARAVINTHSAMY, Advocate ( SR-9641[I] dated 04/09/2025 )

ORDER

IN CRL OP(MD) No.14598 of 2025 Date :04/09/2025 4/5

NBF/16/09/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5