High Court · 2025

CRL OP(MD). No.5376 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 24/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.5376 of 20251. Manoj2. Hariharan3. Sabari ... Petitioners/Accused VsThe State of Tamilnadu,Rep by the Inspector of Police,Thiruchitrambalam Police Station,Thanjavur District.Crime No.85 of 2025. ... Respondent/Complainant For Petitioner : Mr.A. Mohan Advocate. For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.85 of 2025 on the file of the Respondent- Police.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5376 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 20.03.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant an order of pre-arrest bail.2. The petitioners / A1, A3 and A4 apprehend arrest at the hands of therespondent-police for the offences punishable under Section 303(2) of BharatiyaNyaya Sanhita, 2023, r/w. Section 21(1) of Mines and Minerals (Development andRegulation) Act, 1957, in Crime No.85 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 04.03.2025 at around 17.30 hours, whenthe respondent-Police along with his were on patrol duty near Thuravikkaducremation ground, they found that the petitioner herein along with two otheraccused persons were illegally excavating and transporting ¼ unit of river sand byusing a bullock cart. Hence, the case.4. Today, when the matter was taken up for hearing, Mr.A.Mohan, the learnedcounsel appearing for the petitioners, seeks permission of this Court to withdraw thispetition as against the petitioner 1 and 3 and he has also made an endorsement to thateffect, which reads as follows:“As instructed by the petitioners 1 and 3, I may be permitted to withdraw thispetition with regard to the petitioners 1 and 3 is concerned.”2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5376 of 2025In view of the same, this Criminal Original Petition is dismissed as withdrawnas against the petitioners 1 and 3. 5. As far as the 2nd petitioner is concerned, the learned counsel for the petitionersubmits that the 2nd petitioner is an innocent person, and he has not committed anyoffence as alleged by the prosecution, and he has been falsely implicated in this case.He however submits that the petitioner is ready to abide by any conditions to beimposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.6. Mr.S.S.Manoj, the learned Government Advocate (Crl. Side) appearing for therespondent-police, submits that there is no previous case pending against the 2ndpetitioner. He further submits that the investigation of the case is still pending and,thereafter, at this stage of investigation, if pre-arrest bail is granted to the 2ndpetitioner, he may cause threat to the witnesses and commit the similar offence.Accordingly, he prays to dismiss this Criminal Original Petition.7. Heard on both sides. This Court has perused the records. 8. In view of the offence alleged against the 2nd petitioner and quantity of riversand allegedly excavated and transported by the 2nd petitioner, this Court is of theview that custodial interrogation is not necessary in this case. The 2nd petitioner haspermanent residence and deep roots in the society and therefore, there is lesspossibility for absconding. Considering the same, and also considering the facts and3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5376 of 2025circumstances of the case, and taking note of the fact that there is no previous casepending against the 2nd petitioner, and with a view to give an opportunity to the 2ndpetitioner to reform himself, this Court is inclined to grant an order of pre-arrest bailto the 2nd petitioner subject to the following conditions.(i) The 2nd petitioner shall be released on pre-arrest bail in the event of his arrestor in the event of his surrender before the learned District Munsif – cum - JudicialMagistrate, Peravurani, Thanjavur District within a period of 15 days from date onwhich the order copy is made ready, on executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) along with two sureties each for a like sum ofRs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned DistrictMunsif – cum - Judicial Magistrate, Peravurani, Thanjavur 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 ofPractice, 2019']. The learned District Munsif – cum - Judicial Magistrate, Peravurani,Thanjavur District, shall obtain a copy of any one of identity proofs to ensure theiridentity.(iii) The petitioner shall appear and sign before the respondent - police daily at10.00 am until further orders;(iv) The petitioner shall make himself available for interrogation by a police4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5376 of 2025officer as and when required.(v) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer.(vi) The petitioner shall not leave India without the previous permission of theCourt.(vii) The petitioner shall not directly or indirectly cause any threat to the defactocomplainant and tamper with the evidence. (viii) The petitioner shall furnish his residential address and mobile number tothe learned District Munsif – cum - Judicial Magistrate, Peravurani, ThanjavurDistrict.(ix) On breach of any of the aforementioned conditions, the learned DistrictMunsif – cum - Judicial Magistrate, Peravurani, is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State ofKerala [(2005) 13 SCC 283]. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.5376 of 20259. Accordingly, this Criminal Original Petition is partly allowed subject to theconditions stated supra. sd/- 24/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. TRPTO1.THE DISTRICT MUNSIF-CUM-JUDICIAL MAGISTRATE, PERAVURANI.2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT.3. THE INSPECTOR OF POLICE,THIRUCHITRAMBALAM POLICE STATION,THANJAVUR DISTRICT.4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5376 of 2025 Date :24/03/2025PR/SAR/ (21/04/2025) 6P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/20236/6