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Madras High CourtCRL OP(MD)/15328/2025granted

Natarajan v. The State Of Tamilnadu

2025-09-16Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Natarajan ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Jayamangalam Police Station, Theni District.

(Crime No.215 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Sarvagan Prabhu Advocate.

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.215 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 Sections 9(B)(1)(b) of the Indian Explosives Act, 1884 & Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.215 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had removed the rocks in his land by using Explosive substances, without any prior permission from the concerned authorities. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police/

4. Considering the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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5.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 learned Judicial Magistrate, Periyakulam, Theni District, within a period of fifteen 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 shall report before the respondent police daily at 10.30 a.m.,until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. 3/6

[d]the petitioner 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 action against the petitioner in accordance with law as if 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 16.09.2025 msrm 4/6

To 1.The learned Judicial Magistrate, Periyakulam, Theni DistrictTirunelveli.

2.The Inspector of Police, Jayamangalam Police Station, Theni District.

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

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S.SRIMATHY,J msrm

ORDER

IN 16.09.2025 6/6