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Madras High CourtCRL OP(MD)/19461/2025granted

Jayaraman v. State Of Tamilnadu Rep By Inspector Of Police, Thanjavur Taluk

2025-11-05Honourable Mrs Justice S.Srimathy4 pages

CRL OP(MD) NO. 19461 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05-11-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 19461 of 2025

1. Jayaraman

2. AJITH @ AJITHKUMAR

3. AJITH @ AJITHKUMAR

4. PANDI @ ANTONISAMY Petitioner(s) Vs State Of Tamilnadu Rep By, Inspector Of Police, Thanjavur Taluk Police Station, Thanjavur District.

Crime No. 725 of 2025.

Respondent(s) For Petitioner(s): Mr.D. Rajaboopathy For Respondent(s): Mr.S.S.Manoj, Government Advocate (Crl.side) Prayer:

C-33AB. For Anticipatory Bail in Crime No. 725 of 2025 on the file of the respondent police.

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023 and Section 3(2) of TN Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.725 of 2025, on the file of the

respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 31.10.2025, the respondent police seized 2.5 units of river sand. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature. Further, the 1st petitioner / 1st accused has seven previous cases against him among which 5 cases are under Mines and Minerals Act.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners 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) each with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate No.II, Thanjavur, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b] the 1st petitioner alone is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen

Thousand Only), to the credit of Crime No.725 of 2025 before the learned Judicial Magistrate No.II, Thanjavur. After receipt of entire amount, the learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.725 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. [c]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation until further orders. [d]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioners 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 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 of BNS.

05-11-2025 Tmg To

1. The Inspector Of Police, Thanjavur Taluk Police Station, Thanjavur District.

2.The Judicial Magistrate No.II, Thanjavur.

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