Ramesh @ Ramesh Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/12/2024 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Ramesh @ Ramesh Kumar

...Petitioner/5th Accused

Vs The Tamil Nadu State Rep., by The Inspector of Police, Karambakudi Police Station, Karambakudi.

Pudukkottai District.

(Crime No.425/2022) ... Respondent/Complainant For Petitioner :

Mr.K.C.Muniyarasu,Advocate.

For Respondent :

Mr.M.Sakthikumar Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.425 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/5th Accused, who apprehends arrest at the hands of the 1/5

respondent for the offences punishable under Sections 147, 294(b), 353, 333, 342, 307, 506(2), 379 of IPC read with Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.425 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 17.12.2022 around 9.15 pm., based on the secrete information received by the Village Administrative Officer about the illegal transportation of river sand through Bolero Pickup vehicle, the respondent police went to the spot, where two persons came in a two wheeler and kicked the police officials. Later the police arrested the accused came in the two wheeler and the accused who travelled in the Bolero Pickup vehicle had escaped. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case. He has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) fairly submits that no criminal case is pending against the petitioner and the first accused, who was arrested, was already released on bail and also submits that nobody was injured. He further submits that except A1, other accused are still absconding and opposed to grant anticipatory bail to the petitioner. 2/5

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and that nobody was injured in this case and already A1 was released on bail and that no previous case is pending against the petitioner and that the case is pending from 2022 onwards, but the respondent police could not take any steps to secure the accused, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 District Munsif cum Judicial Magistrate, Alangudi and on further conditions that: [b] the petitioner shall report before the District Munsif cum Judicial Magistrate, Alangudi on all working days at 10.00 A.M. until further orders. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in 3/5

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 B.N.S.

sd/- 27/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ABR To 1.The District Munsif cum Judicial Magistrate, Alangudi.

2.Do through the Chief Judicial Magistrate, Pudukkottai District.

3.The Inspector of Police, Karambakudi Police Station, Karambakudi, Pudukkottai District.

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

+1 CC to M/s.K.C.MANIYARASU, Advocate ( SR-15905[I] dated 27/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.22914 of 2024 Date :27/12/2024 ED/ SKN /SAR- (02/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5