Baburajan v. State Of Tamilnadu Rep By
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.20648 of 2025 Baburajan ..petitioner/1st accused Vs State of Tamil Nadu, Rep. by the Inspector of Police, Aralvoimozhi Police Station, (Crime No.628 of 2025) .. Respondent/Complainant For petitioner : Mr.S.Krishna Kumar 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.628 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, in Crime No.628 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused persons had illegally transported four units of jalli stones. Hence, the 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.
4. The learned Government Advocate (Criminal Side) submitted that one previous case of a similar nature is pending against the petitioner and that the 2/6
investigation is still in progress. Therefore, he opposed to grant anticipatory bail to 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, 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 District Munsif cum Judicial Magistrate Court, Boothapandi, 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 District Munsif cum Judicial Magistrate Court, Boothapandi, Kanniyakumari District, and on further 3/6
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 District Munsif cum Judicial Magistrate Court, Boothapandi, Kanniyakumari District. In the event of any change in their residential address, the petitioner shall report the same to the District Munsif cum Judicial Magistrate Court, Boothapandi, (c) the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders;
(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, 4/6
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 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 District Munsif cum Judicial Magistrate Court, Boothapandi, Kanniyakumari District
2. The Inspector of Police, Aralvoimozhi Police Station, 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.20648 of 2025 Dated : 19/11/2025 6/6