Gunasekaran v. State Of Tamilnadu Rep By Inspector Of Police, Vembakkottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Gunasekaran 2.Selvaraj ... Petitioners/Accused Vs State of Tamilnadu Rep by the Inspector of Police, Vembakottai Police Station, Viruthunagar District.

(Crime No.319 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Jagadeeshwaran Advocate.

For Respondent : M/s.M.Aasha Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.319 of 2025 on the file of the respondent Police.

1/6

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS r/w Section 21(1) of MMDR Act, in Crime No.319 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported 4 1⁄2 units of M-sand by using vehicle, without any permission from the concerned authorities. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that there are one previous case pending against the 1st petitioner and no previous cases pending against the 2nd petitioner and the property has 2/6

been recovered. However, she vehemently opposed for grant of anticipatory bail to the petitioners.

5.Taking into consideration of the facts and circumstances of the case and also the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioners, with other conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.2, Sattur, Viruthunagar District, on condition that each of the petitioner shall execute a separate 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 learned Judicial Magistrate No.2, Sattur, Viruthunagar District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/6

(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 Aadhar card or Bank pass Book to ensure their identity;

(b ) the petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of The Head Master, Government Higher Secondary School, Odaipatty, Theni District, in SBI Account No.11268003539, IFSC No.SBIN0000764, State Bank of India, South Car Street, Uthamapalayam, Theni District. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under '' Namakku Name'' Scheme, without prejudice to their contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; 4/6

(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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. (S S Y J) 25.11.2025 msrm To

1. The learned Judicial Magistrate No.2, Sattur, Viruthunagar District.

2.The Inspector of Police, Vembakottai Police Station, Viruthunagar District.

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

4. The Headmaster Government Higher Secondary School, Odaipatty, Theni District.

5/6

S.SRIMATHY,J msrm

ORDER

IN CRL OP(MD) No.21329 of 2025 Date : 25/11/2025 6/6