Jomon Mathew v. State Of Tamilnadu Rep By Inspector Of Police, Kurisilapet, Kombai Police Station,Theni District.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.12.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.22391 of 2025

1. Jomon Mathew

2. Sajad ... Petitioners Vs.

The State of Tamil Nadu Represented by The Inspector of Police, Kombai Police Station, Theni District (Crime No.164 of 2025) ... Respondent For Petitioners : Mr.K.M.Karunakarran 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.164 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 Section 303(2) of BNS r/w.Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.164 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.09.2025 the petitioners alleged to have illegally transported broken stone in a tipper lorry without any proper license. Hence the case.

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 as alleged by the prosecution. Hence, he seeks this Court to grant anticipatory bail to the second petitioner.

4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioners alleged to have illegally transported broken stone in a tipper lorry without any proper license, thereby he would oppose for grant of anticipatory bail.

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5. Considering the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the second petitioner alone 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 Judicial Magistrate, Bodinayakkanur within a period of fifteen days from the date of receipt of a copy of this order 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.5,000/- (Rupees Five Thousand only) to the credit of the Headmaster, Panchayat Union Middle School, LKB Nagar, Sakkimangalam, Madurai in South Indian Bank Limited, Sakkimangalam Branch, Account No.0733053000000794 IFSC No.SIBL0000733, MICR Code: 625059008, without prejudice to his 3/6

contentions and rights before the trial Court, for purchasing 30 sets of Bench Desk for the Tribal students under "Namakku Naame" Scheme 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 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

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

08.12.2025 tta TO

1. The Judicial Magistrate, Bodiyanyannakanur 2.The Inspector of Police, Kombai Police Station, Theni District 3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

4. The Headmaster, Panchayat Union Middle School, LKB Nagar, Sakkimangalam, Madurai 5/6

S.SRIMATHY,J tta

ORDER

IN CRL OP(MD) No.22391 of 2025 Date : 08.12.2025 6/6