Kadi Impev Private Limited v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.10.2025 PRESENT THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD). No.16899 of 2025 S.Jegan ... Petitioner Vs The State of Tamilnadu, Rep by the Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District.

(Crime No.666 of 2025) ... Respondent For Petitioner : Mr.P.Sujai Krishana For Respondent : Mrs.M.Aasha (Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, PRAYER :- For Anticipatory bail in Cr.No.666 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 303(2), 336(2), 336(3), 340(2) of BNS 2023, in Crime No.666 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused persons have transported 30 tons of rough stone illegally by using 5 Taurus lorries and they have produced a fake transit pass. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is the owner of the vehicle and he rented out his vehicle to one Company namelyt ''Mars Mining'' who is carrying out licensed quarrying activities of Gravel sand and rough stone in the Patta land. He would further submit that licensed period of quarrying is from 02.02.2024 to 2/6

01.02.2029 for a period of 5 years. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that five lorry drivers were arrested by the respondent police on 27.09.2025 and there is no previous case pending against the petitioner. However, she opposed for grant of anticipatory bail to the petitioner.

5.Considering the fact that the entire property has been recovered and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on anticipatory 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, Boothapandy, on condition that 3/6

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 Magistrate concerned, 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. [b] the petitioner shall report before the respondent Police daily at10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

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

[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 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

(M J R J) 03.10.2025 msrm To

1. The learned Judicial Magistrate, Boothapandy, Kanyakumari.

2. The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District.

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

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M.JOTHIRAMAN,J msrm CRL.OP(MD)No.16899 of 2025 03.10.2025 6/6