Kaniraja v. State of Tamilnadu
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 269, 303(2)
Key paragraphs
- Para 44. The learned Government Advocate (Criminal Side) submitted that the petitioner has five previous cases and two case are similar in nature. Hence, he opposed for grant of anticipatory bail to the petitioner.2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2427 of 20265. Considering the facts and circumstances of…
Judgment
Cause title
CRL OP(MD). No.2427 of 2026BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 06.02.2026PRESENTThe HONOURABLE MRS. JUSTICE S.SRIMATHYCRL OP(MD). No.2427 of 2026 Kaniraja ... Petitioner
VsState of Tamilnadu Rep by, The Inspector of Police, Sindupatti Police Station, Madurai District. ... Respondent
/Complainant For Petitioner : Mr.S.Muniyandi, Advocate. For Respondent : Mr.S.S.Manoj, Government Advocate (Crl. Side)PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- C-33AB For Anticipatory Bail in Crime No.18 of 2026 on the file of the respondent Police.
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) of BNS, 2023 and 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2427 of 2026 Section 21(4) of Mines and Minerals Development and Regulation Act, 1957, in Crime No.18 of 2026 on the file of the respondent police, seeks anticipatory bail.
The case of the prosecution is that the petitioner and other accused person illegally transported the gravel sand. Hence, the complaint.
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.
The learned Government Advocate (Criminal Side) submitted that the petitioner has five previous cases and two case are similar in nature. Hence, he opposed for grant of anticipatory bail to the petitioner.2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2427 of 20265. Considering the facts and circumstances of the case, and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate, Thirumangalam, within a period of fifteen days from the date on which the order copy is made ready 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;[b] the petitioner is directed to 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).
No.2427 of 2026deposit a sum of Rs.5,000/-(Rupees FIve thousand only) to the credit of the Headmaster, Kakkaipadiniar Corporation Higher Secondary School, Madurai-2, having account in State Bank of India, CTO Complex, Madurai, Account No.11450416844, Account Type: Regular Savings Bank Account, CIF No:81185397104, MICR Code:625002016; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner; [c] the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders;[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 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2427 of 2026action 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. 06.02.2026vsg TO1.The learned Judicial Magistrate, Thirumangalam. 2. The Inspector of Police, Sindupatti Police Station, Madurai District. 3. The Headmaster, Kakkaipadiniar Corporation Higher Secondary School, Madurai-2,4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2427 of 2026 S.SRIMATHY,J., vsg ORDER IN CRL OP(MD) No.2427 of 2026 Date : 06.02.20266/6
Precedent status how later indexed judgments have treated this case
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