Vinothkumar v. State Of Tamilnadu Rep By Inspector Of Police, T.Kallupatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Vinothkumar ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, T.Kallupatti, Police Station, Madurai.

Crime No.217/2025. ... Respondent/Complainant For Petitioner : Mr.Jayaprakash.R, Advocate.

For Respondent : Mr.S.S. Manoj, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.217/2025 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the 1/6

respondent police for the offences punishable under Sections 303(2) of BNS, 2023 and Section 21(1) of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.217 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is said to have illegally transported 2 units of river sand by using a Tipper Lorry. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submitted that there is no previous case pending against the petitioner and the investigation of the case is pending.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

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 2/6

inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned District Munsif - cum - Judicial Magistrate, Peraiyur, within a period of fifteen days from the date of receipt of a copy of this order 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 heir identity;

[b] the petitioner shall make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) to the credit of The Head Master, Government Higher Secondary School, Odaipatty, Theni District, in SBI 3/6

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 his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(c) the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation; (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 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 4/6

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) 27.11.2025 TRP TO

1. The District Munsif - cum - Judicial Magistrate, Peraiyur,

2. Inspector of Police, T.Kallupatti Police Station, Madurai,

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.21695 of 2025 Date : 27/11/2025 6/6