Rajkumar v. State Of Tamilnadu Rep By Inspector Of Police, Thiruvaiyaru

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Rajkumar ... Petitioner Vs State of Tamilnadu Rep by, The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.339/2025).

... Respondent/Complainant For Petitioner : M.Prabu, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33 AB. For Anticipatory Bail in Crime No.

339/2025 on the file of the respondent Police. ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS 2023, (corresponding Section 379 IPC) and Section 21(iv) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.339 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner illegally transported 4 bags of river sand in a two wheeler. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted 2/6

that the petitioner have 4 previous cases. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, inspite of the petitioner is having four previous cases, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 Judicial Magistrate, Thiruvaiyaru, Thanjavur District, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb 3/6

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 petitioner shall deposit a sum of Rs.3,000/-(Rupees Three thousand only) to the credit of Headmaster, Government Higher Secondary School, Odaipatty, Theni District, having account in State Bank of India, Uthamapalayam Branch, South Car Street, Account No.11268003539, Account Type:Regular Savings Bank Account, CIF No:81030919752, MICR Code:625002045; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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[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 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 BNS.

09.12.2025 PJL TO

1. The Judicial Magistrate, Thiruvaiyaru, Thanjavur District.

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.22481 of 2025 Date : 09/12/2025 6/6