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Madras High CourtCRL OP(MD)/21965/2025granted

Boomibalan v. State Of Tamilnadu Rep By Inspector Of Police, Manapparai

2025-12-09Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.12.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.21965 of 2025

1. Boomibalan

2. Kishore

3. Gopalakrishnan ... Petitioner Vs.

The State of Tamil Nadu, Represented by the Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.762 of 2025) ... Respondent For Petitioners : Mr.M.Karthick For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.762 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023 and Section 21(1) of Mines & Minerals (Development & Regulation) Act,1957, in Crime No.762 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 21.11.2025, the accused persons were found participating in and facilitating the illegal extraction/transportation of minerals, and such acts constitute a punishable offence. Hence, a case has been registered as against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature. Further, there is no previous case against the petitioners. 2/6

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a 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 Learned Judicial Magistrate, Manapparai, within a period of fifteen days from the date on which the order copy made ready and on further conditions that: [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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) each 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.

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., for a period of two weeks and thereafter, as and when required. [d]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

09.12.2025 TMG 4/6

TO

1. Judicial Magistrate, Manapparai, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Trichy District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.21965 of 2025 Date : 09.12.2025 6/6