Pon Indhira @ Ponindiradevi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.14948 of 2025

1. Pon Indhira @ Ponindiradevi

2. Gopalakrishnan

3. Balakrishnan

4. Muthu Ramalingam

5. Sethu Pooranam

6. Kaliyammal

7. Divyapriya ... Petitioners/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(Crime No.107 of 2025) ... Respondent/Complainant 1/6

For Petitioners : Mr.B.Anandan 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 Cr.No.107 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, @ 189(2), 132, 303(2) of BNS r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.107 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported three tractors loads of river sand. Hence, the complaint. 2/6

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioners had illegally transported three tractors loads of river sand. He further submitted that the petitioners abused and threatened the defacto complainant. Therefore, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the nature of allegation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this 3/6

order, before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 Magistrate concerned and on further conditions that: (a) the petitioners 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 petitioners shall report before the Judicial Magistrate Court daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation. (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial;

(e) 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 petitioners 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;

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

(S S Y J) 11.09.2025 jbr To

1. The Judicial Magistrate, Kamuthi, Ramanathapuram District.

2. The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

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

5/6

S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.14948 of 2025 Date : 11.09.2025 6/6