High Court · 2025

CRL OP(MD). No.3123 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 22/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.3123 of 20251. Senthilkumar,2. Muthupandi,3. Ayyanar,4. Palraj,5. Navaneetha Krishnan,6. Manojpandi,7. Sivakumar, ... Petitioners/Accused No. 1 to 7 VsThe Inspector of Police,rep by, T Kallupatti Police Station, Madurai District. Crime No.18/2025. ... Respondent/Complainant For Petitioners: Mr.S.Ramsundarvijayraj, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3123 of 2025 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.18/2025 on the file of the respondent-Police.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 17.02.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioners/Accused No.1 to 7 apprehend arrest at the hands of therespondent-Police for the alleged offences punishable under Section 303 (2) of BNS,2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act,1957 in Crime No.18 of 2025 on the file of the respondent-Police. 3. The case of the prosecution is that based on the complaint given by thePanchayat Development Officer, T.Kallupatti, the respondent Police registered acase in Crime No.18 of 2025. In the FIR, it is alleged that permission was granted to'ALR construction' for excavating sand to raise the level of the roads fromThirumangal to Vadukapatti National Highways for a period of three months. Thesaid permission lapsed. Even after the lapse of three months, ALR constructioncontinuously excavated and transported sand. On 25.01.2025, Block DevelopmentOfficer and Zonal Deputy Block Development Officer, conducted search on the spot.2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3123 of 2025At that time, the petitioners and other accused persons excavated and transportedsand by using seven lorries from Kanmai, without any valid license or permission.On seeing the party, the petitioners dropped the sands and ran away. Thereafter,the respondent-Police seized the said lorries. Hence, the case. 4. Mr.S.Ramsundarvijayraj, the learned counsel for the petitioners, submitsthat the petitioners are innocent persons and they have not committed any offenceas alleged by the prosecution and they have been falsely implicated in this case. He,however, submits that the petitioners are ready to abide by any conditions to beimposed by this Court. He further submits that the petitioners are willing to depositsome amount to the Green Committee, Madurai District. He therefore prays forgrant of pre-arrest bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that even after lapse ofpermission period, the petitioners excavated transported sand by using seven lorriesfrom Kanmai, without any valid license or permission. He further submits that thepetitioners 1, 4 and 5 have one previous case, which is not similar in nature. Theseventh petitioner has three previous previous cases, which are registered underIPC sections. As far as the petitioners 2 and 3 are concerned, they have no previouscase. Accordingly, he prays to dismiss this Criminal Original Petition.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3123 of 20256. Heard on both sides. This Court has perused the records. 7.Considering that the alleged illegally transported sand through seven lorriesand the said vehicles have already been seized by the respondent police, this Courtis of the view that the custodial interrogation of the petitioners is not necessary.Further, the petitioners have permanent residence and deep roots in the society andtherefore, there is less possibility for absconding. Considering the above as well asthe undertaking given by the petitioners that they are willing to deposit someamount to the Green Committee, Madurai District and also with a view to give oneopportunity to reform themselves, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions.(i) The petitioners shall be released on bail in the event of their arrest or in theevent of their surrender before the learned District Munsif Cum Judicial Magistrate,Peraiyur, Madurai District, within a period of 15 days from date on which the ordercopy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees TwentyFive Thousand only) each along with two sureties, each for a like sum of Rs.25000/-(Rupees Twenty Five Thousand only) to the satisfaction of the learned DistrictMunsif Cum Judicial Magistrate, Peraiyur, Madurai District,;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3123 of 2025Practice, 2019']. The learned District Munsif Cum Judicial Magistrate, Peraiyur,Madurai District, shall obtain a copy of any one of identity proof of each surety toensure their identity; (iii) The petitioners shall appear and sign before the respondent-Police daily at10.00 a.m. until further orders;(iv) Each of the petitioners shall pay a sum of Rs.10,000/- (Rupees TenThousand only) in favour of the District Green Committee, Madurai District,without prejudice to their rights and contentions before the trial Court and producethe receipt / acknowledgment before the learned District Munsif Cum JudicialMagistrate, Peraiyur, Madurai District, within 30 days from the date of receipt ofcopy of order.(v) The petitioners shall make themselves available for interrogation by apolice officer as and when required;(vi) The petitioners shall not, directly or indirectly, make any inducement,threat or promise to any person acquainted with the facts of the case so as todissuade them from disclosing such facts to the Court or police;(vii) The petitioners shall not leave India without the previous permission ofthe Court;(viii) The petitioners shall furnish their residential address and mobile number5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3123 of 2025to the learned District Munsif Cum Judicial Magistrate, Peraiyur, Madurai District,; (ix) The petitioners shall not, directly or indirectly, cause any threat to thewitnesses and shall not tamper the evidence; and(x) On breach of any of the aforementioned conditions, the learned DistrictMunsif Cum Judicial Magistrate, Peraiyur, Madurai District, or Trial Judge and asthe case may be, is entitled to pass appropriate orders against the petitioners inaccordance with law as if the aforementioned conditions are imposed by them aslaid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13SCC 283].9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/-22/04/2025/ TRUE COPY // /2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. vsg6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3123 of 2025TO1.The learned District Munsif Cum Judicial Magistrate, Peraiyur, Madurai District.2.Do Through The Chief Judicial Magistrate, Madurai.3.The Inspector of Police, T Kallupatti Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-4647[I] dated23/04/2025 ) ORDER IN CRL OP(MD) No.3123 of 2025 Date : 22/04/2025BV(27/05/2025) 7P/ 6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.7/7