Balusamy v. State Of Tamilnadu Rep By Inspector Of Police, Vangal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY Balusamy ... Petitioner / Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, Vangal Police Station, Karur District.

(Crime No.293 of 2025) ... Respondent/Complainant For Petitioner : Mr.Dhilipan Pandian, Advocate For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.293 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner would submit that they have wrongly mentioned the offences in the case bundle as 303(2), 336(3), 340(2) BNS Act r/w Section 21(1) of Mines and Minerals (D & R)Act, 1957 instead of Sections 303(2) BNS r/w Section 21(1) of Mines and Minerals (D&R) Act, 1957.

2. The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) BNS r/w Section 21(1) of Mines and Minerals (D&R) Act, 1957 in Crime No.293 of 2025 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that the petitioner is in illegal possession of five units of river sand.

Hence, the complaint.

4. The learned counsel appearing for the petitioner submitted that 2/6

the petitioner is an innocent person and he is in no way connected with the alleged occurrence as stated by the prosecution. He further submitted that 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.

5. The learned Government Advocate (Criminal Side) appearing for the respondent-Police opposed to grant anticipatory bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

7. 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.II, Karur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/6

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.II, Karur, 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 shall deposit a sum of Rs.55,000/- (Rupees Ten Thousand only) to the credit of the Headmaster, Government Higher Secondary School, Odaipatty, Theni District, Account No.11268003539, IFSC : SBIN0000764, MICR : 625002045 Branch : SBI Bank, South Car Street, Uthamapalayam.

(c) the petitioner shall report before the respondentPolice 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;

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(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. (S S Y J) 28.11.2025 TSG To

1. The Judicial Magistrate Court No.II, Karur. 2.The Inspector of Police, Vangal Police Station, Karur District.

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

S.SRIMATHY, J.

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TSG

ORDER

IN CRL OP(MD) No.21917 of 2025 Date : 28.11.2025 6/6