Murugan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15732 of 2025 1.Murugan 2.Vigneshwaran ..Petitioner/A3 & A4 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.252 of 2025) Respondent(s) For Petitioner(s):

Mr.Nishanth For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.252 of 2025 on the file of the Respondent Police. 1/8

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023, and Section 21(4) of Mines and Minerals (D&R) Act, in Crime No.252 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and other accused persons had transported one unit of gravel sand illegally by using torus lorry, without any permission. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any 2/8

conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) submitted that the entire property has been recovered and the investigation is almost completed and there are no previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the entire property has been recovered and the investigation is almost completed and there are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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6. Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Sivagangai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Sivagangai, 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;

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(b)the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Sivagangai. In the event of any change in their residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Sivagangai;

(c)the petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners in accordance with law as if the conditions 5/8

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;

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

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To 1.The learned Judicial Magistrate No.II, Sivagangai.

2.The Inspector Of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.15732 of 2025 Date : 19.09.2025 8/8