Arjun v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY Crl.O.P.(MD)No.23542 of 2025

1. Arjun

2. Suman

...Petitioners/Accused Nos.1 & 2

Vs State of Tamil Nadu rep. by Rep. by its Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

(Crime No.576 of 2025) .. Respondent/Complainant For Petitioners : M/s.T.A.Ebenzer For Respondent : Mr.S.S.Manoj Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.576 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023, in Crime No.576 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 08.12.2025 at about 9.00 p.m., while the defacto complainant was on patrol duty near the Kuttralam Middle School locality, he intercepted the petitioner's vehicle. The driver who is the 2nd petitioner herein abandoned the vehicle at the spot and upon inspection, it was found that the vehicle bearing Registration No.TN-74-BA-6760 was transporting three units of stone without a valid permit. Hence, the case. 3.The learned Counsel for the petitioners would submit that the petitioners are innocent persons and they have never committed in this case. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) would submit that first petitioner is having three previous and the second petitioner is having two previous cases. However, he opposed to grant anticipatory bail to the petitioners.

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5. Considering the facts and circumstances of the case and also considering the nature of offences, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Valliyoor, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, 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 Judicial Magistrate, Valliyoor, 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall make jointly deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.576 of 2025, without prejudice to his defence before the trial Court; and on such deposit being made, the learned Judicial Magistrate, Valliyoor, shall accept the sureties furnished by the petitioner; the learned Judicial Magistrate, Valliyoor, shall deposit the said amount as fixed deposit in a Nationalized Bank and the entitlement of the said amount will be decided at the time of disposal of the main case.

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(c) the petitioners shall furnish his residential address and contact number to the learned Judicial Magistrate, Valliyoor. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Valliyoor.

(d) the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioners shall not abscond either during investigation or trial;

(g)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 petitioner 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]; and;

(h)if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

18.12.2025 RJR 4/5

S.SRIMATHY,J RJR To

1. The learned Judicial Magistrate, Valliyoor.

2. The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

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