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Madras High CourtCRL OP(MD)/20604/2025granted

C.John Christober v. State Of Tamilnadu Rep By Sub Inspector Of Police,

2025-11-19Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD).No.20604 of 2025 C.John Christober ..Petitioner/1st Accused Vs The State of Tamil Nadu, rep. By The Sub-Inspector of Police, Puthukadai Police Station, Kanniyakumri District.

(Crime No.406 of 2025) ..Respondent/Complainant For petitioner : Mr.S.C.Herold Singh For Respondent : Mrs.M.Aasha Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.406 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023 and 21 of Mines and Minerals (Development and Regulation) Act, 1957, Crime No.406 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 11.11.2025, the petitioner carried out quarrying operations in his land situated in S.No.104/6 of Kunnathoor Village for the purpose of constructing a house. On witnessing this, the Village Administrative Officer lodged a complaint.

3.

The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the petitioner had broken the stones in his patta land without obtaining valid permission.

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, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Kuzhithurai, Kanniyakumari District, on condition that the petitioner shall execute separate 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate 3/6

No.II, Kuzhithurai, Kanyakumari District, 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 furnish their residential address and contact number to the learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District. In the event of any change in their residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District.

(c) the petitioner shall appear and sign before the respondent police as and when required for 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 4/6

take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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. (S S Y J) 19.11.2025 jbr TO 1.The learned Judicial Magistrate No.II, Kuzhithurai, Kanyakumari District

2. The Sub-Inspector of Police, Puthukadai Police Station, Kanniyakumri District.

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

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S.SRIMARTHY,J jbr

ORDER

IN CRL OP(MD) No.20604 of 2025 Dated : 19/11/2025 6/6