Marithangam v. State Of Tamilnadu Rep By Inspector Of Police, Arumuganeri
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Marithangam ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Arumuganeri Police Station, Thoothukudi District.
(Crime No.434 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.T.Sasidharan Tamilkani Advocate.
For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.434 of 2025 on the file of the Respondent Police.
1/6
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) BNS, in Crime No.434 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused person has illegally transported the sand using mini tipper lorry. Hence, the case.
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) opposed for grant of anticipatory bail to the petitioner, since he has five previous cases, out of which two similar in nature, one under Tamil Nadu 2/6
Prohibition Act and one under other IPC.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions, since he has five previous cases.
6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, Thoothukudi District 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 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 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; 3/6
[b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders; [c] the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Headmaster, Government Higher Secondary School, Odaipatty, Theni District, Account No.11268003539, IFSC : SBIN0000764, MICR : 625002045 Branch : SBI Bank, South Car Street, Uthamapalayam.
[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 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 4/6
[(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(S S Y J) 15.12.2025 TM To 1.The Judicial Magistrate, Tiruchendur, Thoothukudi District.
2.The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.
(Crime No.434 of 2025)
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
S.SRIMATHY,J TM
ORDER
IN 15.12.2025 6/6