Prasanth v. State Of Tamilnadu Rep By Inspector Of Police, Kollidam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Prasanth

2. Vijay @ Vijayaprakash

3. Madhesh @ Matheshwaran ... Petitioners/Accused Vs State of Tamilnadu Rep by, Inspector of Police, Kollidam Police Station, Trichy District.

(Crime No.379 of 2025) ... Respondent/Complainant For Petitioner : Mr.T. Lenin Kumar For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.379 of 2025 on the file of the Respondent Police.

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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, 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No. 379 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported 1⁄2 unit of sand. Hence, the case.

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) appearing for the respondent Police submitted that A-4 has already been remanded and is still in custody. He further submitted that one previous case is pending against A-1. Therefore, he opposed the grant of aniticipatory bail to the 2/6

petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the quantity of minerals involved, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Distirct Munsif cum Judicial Magistrate, Srirangam, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioner 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 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 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; (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 4/6

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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 28.11.2025 jbr TO

1. The Distirct Munsif cum Judicial Magistrate, Srirangam

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

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

4. The Head Master, Government Higher Secondary School, Odaipatty, Theni District.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.21987 of 2025 Date : 28/11/2025 6/6