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Madras High CourtCRL OP(MD)/16477/2025granted

Navinkumar v. The State Of Tamilnadu Rep.By

2025-11-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/11/2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Navinkumar 2.Udhaya Prakash ... Petitioners/Accused Vs State of Tamil Nadu, Represented by the Inspector of Police, South Thamaraikulam (ST Kulam) Police Station, Kanniyakumari District.

Crime No.200 of 2025) ... Respondent For Petitioners : Mr.G.Aravinthan, 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 Cr.No.200 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(1) of BNS, 2023 r/w Section 21(1) of the Mines and Minerals Act in Crime No.200 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally transported three units of gravel sand by using vehicle, 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 conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) opposed to grant anticipatory bail to the petitioners.

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5. This Court appointed an Advocate Commissioner to verify whether the petitioners appeared before the respondent Police and cooperated with the investigation.

6. It is submitted that the petitioners have been complying with the conditions regularly.

7. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioners have been complying with the conditions regularly, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

8. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.III, Nagercoil, on condition that each of 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 3/6

the satisfaction of the learned Judicial Magistrate No.III, Nagercoil, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 respondent police 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 action against the petitioners 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/petitioner thereafter abscond, a fresh 4/6

FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 17.11.2025 KSA To

1. The learned Judicial Magistrate No.III, Nagercoil. 2.The Inspector of Police, South Thamaraikulam (ST Kulam) Police Station, Kanniyakumari District.

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

S.SRIMATHY, J.

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KSA

ORDER

IN CRL OP(MD) No.16477 of 2025 Date : 17.11.2025 6/6