Madras High CourtCRL OP(MD)/19378/2025granted

Arun v. State Of Tamilnadu Rep By Inspector Of Police, Adiramapattinam

2025-11-05Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Arun, S/o.Ramakrishnan ... Petitioner/A1 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Adhiramapattinam Police Station, Thanjavur District.

(Crime No.533 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Balasubramanian, Advocate For Respondent : Ms.M.Aasha, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.533 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326(b) of BNS, 2023 r/w. Section 21(1) of Mines & Minerals (Development and Regulation) Act, 1957 in Crime No.533 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was illegally transported 1⁄4 unit of river sand. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is having 4 previous cases and the petitioner has 2/6

illegally transported 1⁄4 unit of river sand. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the nature of offence and though the petitioner is having four previous cases, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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, Pattukkottai, 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 Aadhaar card or bank pass book to ensure their identity; 3/6

[b] the petitioner is directed to deposit a sum of Rs.10,000/-(Rupees Ten Thousand only) to the credit of Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai, Indian Bank, Account No.496039124, IFSC Code: IDIB000H040, High Court Branch, Madurai. On such deposit, the learned 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;

[d] the petitioner shall not tamper with the 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 4/6

with law as if the conditions have been imposed and the petitioner is 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].

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

05.11.2025 PJL To 1.The Judicial Magistrate, Pattukkottai.

2.The Inspector of Police, Adhiramapattinam Police Station, Thanjavur District.

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

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S.SRIMATHY,J PJL

ORDER

IN 05.11.2025 6/6