Muthuprabhu v. The State Of Tamil Nadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Muthuprabhu ... Petitioner/Accused Vs The State of Tamil Nadu Rep, By, the Inspector of Police, Manamadurai Police Station, Sivagangai District Crime No.361 of 2025. ... Respondent/Complainant For Petitioner : Mr.R. Senthilkumar Advocate For Respondent : Ms.M.Aasha Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.361 of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- 1/7

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023 and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.361 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent Police was on patrolling duty, the petitioner herein and other accused are said to have illegally transported 5 units of Savudu sand by using a Lorry and the same has been recovered. Hence, the complaint.

3. The learned Government Advocate (Crl. side) would submit that it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court, vide order, dated 03.09.2025 in Crl.O.P(MD).No.13379 of 2025. He further submitted that A1 and A2 were already granted anticipatory bail by the Sessions Court and further the petitioner herein is the owner of the vehicle. He further submitted that there are 11 previous cases pending against the petitioner and the investigation of the case is pending.

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

5. Considering the fact that the co-accused were already granted anticipatory bail by the Sessions Court and that the petitioner herein is only owner of the vehicle and that there is change of circumstances, 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 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, Manamadurai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

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[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 is directed to deposit a sum of Rs. 5,000/- (Rupees Five Thousand only) to the credit of Madurai Bench of Madras High Court Advocate Clerk's Welfare Association, Madurai - 625023 (Account No:-496039124, IFSC Code:-IDIB000H040), without prejudice to his rights and contentions before the trial Court and produce the receipt / acknowledgment before the concerned Court while executing sureties; [c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[d]the petitioner shall not tamper with the evidence 4/7

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 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.

(S S Y J) 14.10.2025 TRP TO

1. The Judicial Magistrate, Manamadurai 5/7

2. Do-Through The Chief Judicial Magistrate, Sivagangai District.

3. The Inspector of Police, Manamadurai Police Station, Sivagangai District

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

S.SRIMATHY,J TRP 6/7

ORDER

IN CRL OP(MD) No.17652 of 2025 Date : 14/10/2025 7/7