Mayilraj, v. State Of Tamilnadu Rep By Inspector Of Police, Palanichettypatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.10.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.18530 of 2025 Mayilraj ... Petitioner Vs.

The State of Tamil Nadu Represented by The Inspector of Police, P.C.Patti Police Station, Theni District (Crime No.477 of 2025) ... Respondent For Petitioner : Mr.A.Joseph Jerry For Respondent : Mr.S.S.Manoj Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.477 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS r/w.Section 21(1), 21(4) of Mines and Minerals (Development and Regulation) Act,1957 in Crime No.477 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is said to have illegally transported two units of river sand in a tractor bearing Registration No.TN 60 D 8753 along with a trailer and a two wheeler bearing Registration No. TN 59 DY 5110 . Hence the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.Side) appearing for the respondent submitted that the petitioner along with other accused have illegally transported two units of river sand. He further submitted that three previous cases are pending against the petitioner.

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5.Considering the facts and circumstances of the case and also considering the quantity of minerals involved in this case, this Court is inclined to grant anticipatory bail to the petitioner with 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, Theni 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall make a non refundable deposit of Rs.3,000/- (Rupees Three Thousand only) to the credit of the Headmaster, Government High School, G Udayapatty, Kulithalai, State Bank of India, Kulithalai Branch, Account No.31470991902, IFSC No.SBIN0000863, MICR Code: 639002051, without prejudice to his contentions and rights before the trial Court. On such deposit 3/6

being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. He has to co-operate for the investigation;

(d) the petitioner shall not tamper with evidence 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 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

25.10.2025 jbr 4/6

TO

1. The Judicial Magistrate, Theni 2.The Inspector of Police, P.C.Patti Police Station, Theni District 3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.18530 of 2025 Date : 25.10.2025 6/6