T.Balakrishnan v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. T.Balakrishnan

2. Jayabalan ... Petitioners/Accused Vs The State of Tamilnadu Rep.By, The Inspector of Police, Panagudi Police Station, Tirunelveli District (Cr.No.1157 of 2025). ... Respondent/Complainant For Petitioner : M/s.V.Sasikumar, Advocate.

For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.1157 of 2025 on the file of the respondent police ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023 in Crime No.1157 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner herein is said to have transported 2 units of red sand illegally from the patta land. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that A1 is not having any previous case and the A2 is having one previous case in similar nature of offence and the investigation of the case is pending.

4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police.

5. Considering the nature of allegations against the petitioners and 2/6

that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 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, Valliyoor, 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 petitioners shall appear before the respondent Police daily at 10.30 am for a period of two weeks and thereafter, as and when required for 3/6

interrogation;

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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].

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

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(S S Y J) 10.11.2025 TRP TO

1. The Judicial Magistrate, Valliyoor

2. The Inspector of Police, Panagudi Police Station, Tirunelveli District

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.19767 of 2025 Date : 10/11/2025 6/6