Balachandar Pandiyan v. State Of Tamilnadu Rep By Inspector Of Police, Thiruchitrambalam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD)No.23999 of 2025 Balachandar Pandiyan, S/o.Deventhiran Pandiyan ... Petitioner Vs State of TamilNadu rep. by The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

(In Crime No.409 of 2025) ... Respondent For Petitioner : Mr.R.Balamuruganantham For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/8

PRAYER :- For Anticipatory Bail in Cr.No.409 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 303(2) of BNS, 2023 r/w.Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Cr.No.409 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that based on the secrete information, the respondent police on 22.12.2025 had conducted vehicle checkup, at that time, the petitioner was illegally transported 1/2 unit of river sand by using Tractor, without having any valid license or permit. The respondent police seized the vehicle and the 2/8

river sand and registered a case. Hence, the case.

3. The learned Counsel for the petitioner would submit that the petitioner did not involved in any such illegal activities. The petitioner is falsely implicated in this case. The petitioner is innocent person and he has been falsely implicated in this case. However, he submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He further submits that the petitioner is willing to deposit some amount to the Chairman/District Collector, District Mineral Foundation Trust, Thanjavur District. He therefore prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner was illegally transported 1/2 3/8

unit of river sand without having any valid license or permit. The petitioner is having one previous case. Hence, he prays to dismiss this Criminal Original Petition.

5. Considering the nature of the allegations and considering the fact that the entire properties were seized by the respondent police, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Peravurani, Thanajvur District, on condition that the petitioner shall execute bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to 4/8

the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank Pass Book to ensure their identity.

[b] As per undertakings given by the petitioner, he shall make a non-refundable deposit of Rs.1000/- (Rupees One Thousand only) to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to his defence before the trial Court and produce the acknowledgment at the time of executing bond;

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

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[d] the petitioner shall not tamper with 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 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 2023.

(M J R J) 26.12.2025 gvn 6/8

TO 1.The Judicial Magistrate Court, Peravurani, Thanjavur.

2. The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

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

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M.JOTHIRAMAN,J GVN

ORDER

IN CRL.OP(MD).No.23999 of 2025 Dated : 26.12.2025 8/8