G.Prasad v. State Of Tamilnadu Rep By Inspector Of Police, Chinthamanipatty

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY G.Prasad ... Petitioner / Accused No.3 Vs The State of Tamil Nadu, Rep by, The Inspector of Police, Chinthamanipatty Police Station, Karur District.

... Respondent/Complainant (Crime No.2 of 2025) For Petitioner : Mr.A.Senthilkumar, 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.2 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) BNS and Section 21(1) of Mines and Minerals Act, 1957 in Crime No.2 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 granite stone in a tractor without any valid permit. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that permit granted to the petitioner was expired, otherwise he was having permit for the previous years and the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner has no previous cases and the investigation is yet to be completed. However, she opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and since the petitioner has no previous cases and he has not valid permit for this, and also considering the nature of offence this Court is inclined to grant anticipatory bail to the petitioner, by imposing cost and also with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.I, Kulithalai, Karur District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.I, Kulithalai, Karur 3/6

District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 is directed to deposit a sum of Rs.5,000/-(Rupees Five thousand only) to the credit of the Headmaster, Government Higher Secondary School, Odaipatty, Theni District, having account in State Bank of India, Uthamapalayam Branch, South Car Street, Account No.11268003539, Account Type:Regular Savings Bank Account, CIF No:81030919752, MICR Code: 625002045; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;

(c) the petitioner shall report before the respondent police as and when required for interrogation; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; 4/6

(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 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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 26.11.2025 PJL To

1. The Judicial Magistrate Court No.I, Kulithalai, Karur District. 2.The Inspector of Police, Chinthamanipatty Police Station, Karur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

PJL

ORDER

IN CRL OP(MD) No.21503 of 2025 Date : 26.11.2025 6/6