Vinayagamoorthy v. State Of Tamilnadu Rep By Inspector Of Police, Peraiyur
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 10/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Vinayagamoorthy .. Petitioner Vs State of Tamilnadu Rep by, The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.
Crime No.119 of 2024. .. Respondent/Complainant For Petitioner : S.Muniyandi, Advocate.
For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime no. 119 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 132, 303(2) of BNS 2023, and Section 21(1) of Mines and Minerals Development & Regulation Act, in Crime No.119 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/6
2. The case of the prosecution is that the petitioner was illegally transported river sand without any licence. 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) submitted that the petitioner has six previous cases. He further submitted that the co-accused A1 was already arrested and granted bail. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, and the co-accused A1 was already arrested and granted bail and inspite of the petitioner has 2/6
six 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, Kamuthi, Ramanathapuram 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 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 is directed to deposit a sum of Rs.15,000/- (Rupees 3/6
Fifteen thousand only) to the credit of the 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;
[e]the petitioner shall not abscond either during investigation or trial;
[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial 4/6
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.
10.12.2025 PJL TO
1. The Judicial Magistrate, Kamuthi, Ramanathapuram District.
2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.
3.The Inspector of Police, Peraiyur Police Station, Ramanathapuram 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.22635 of 2025 Date : 10/12/2025 6/6