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Madras High CourtCRL OP(MD)/18612/2025granted

Mari v. The State Of Tamil Nadu

2025-10-25Honourable Mrs Justice S.Srimathy6 pages

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.18612 of 2025 Mari ... Petitioner Vs.

The State of Tamil Nadu Represented by The Inspector of Police, Narikudi Police Station, Virudhunagar District (Crime No.149 of 2025) ... Respondent For Petitioner : Mr.A.Balaji 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.149 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 of BNS, 2023, r/w.Section 21(1) of Mines and Minerals (Development and Regulation) Act,1957 in Crime No.149 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 18.10.2025 the petitioner is said to have illegally transported 3⁄4 unit of gravel stones . 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 further submitted that the petitioner is having valid license. Hence, 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 3⁄4 unit of gravel stones, thereby he would oppose for grant of 2/6

anticipatory bail. He further submitted that three previous cases are pending against the petitioner.

5.Considering the facts and circumstances of the case and also considering the nature of offence, 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, Thiruchuli 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 report before the respondent police daily at 10.30 a.m., until further orders. He has to co-operate for the investigation;

(c) the petitioner shall not tamper with evidence or witness 3/6

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 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

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TO

1. The Judicial Magistrate, Thiruchuli 2.The Inspector of Police, Narikudi Police Station, Virudhunagar 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.18612 of 2025 Date : 25.10.2025 6/6