Sivapraksh v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.12.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.23336 of 2025

1. Sivaprakash @ Prakash

2. Vanjinathan ... Petitioners/ Accused Vs The State of Tamil Nadu Represented by The Special Sub Inspector of Police, Vangal Police Station, Vangal, Karur District.

(Crime No.328 of 2025) ... Respondent For Petitioners : Mr.T.Vadivelan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.

PRAYER :-For Anticipatory Bail in Crime No.328 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 (379 of IPC) and r/w 21(1) of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.328 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons had illegally transported 4 units of river sand, without any valid permission. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks for grant of anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor submitted that there are 14 previous cases pending against the 1st petitioner and there is no previous case pending against the 2nd petitioner. He further submitted that the property has been recovered. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition each of the petitioner shall execute a separate 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 No.II, Karur, within a period of fifteen days from the date on which, the order copy was made ready 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; 3/6

(b ) the 1st petitioner shall make a non refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Headmaster, Masathiyar Cor. Higher Secondary School, Vaikkolkara Theru, Chinnakadai Veethi, South Gate, Madurai, Central Bank of India, South Gate Branch, Account No.P.T.A.FUND SB.1833321714, IFSC No.CBIN0281503, MICR Code: 625016004, 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 petitioners;

[c] the 1st petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. The 2nd petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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.

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[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 of BNS.

(S S Y J) 17.12.2025 msrm To 1.The learned Judicial Magistrate No.II, Karur.

2.The Special Sub Inspector of Police, Vangal Police Station, Vangal, Karur District.

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

4. The Headmaster Masathiyar Cor. Higher Secondary School, Vaikkolkara Theru, Chinnakadai Veethi, South Gate, Madurai.

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S.SRIMATHY,J msrm

ORDER

IN 17.12.2025 6/6