High Court · 2025

CRL OP(MD). No.6213 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 15/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.6213 of 2025Ramesh, ... Petitioner/Accused No.1 VsThe State of Tamil Nadu,,Rep. by the Inspector of Police,Madhagupatti Police Station,Sivagangai District.(Cr. No. 438/2020). ... Respondent/Complainant For Petitioner : Mr.B Santhanam Rajesh Kumar, 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. 438 of 2020 on the file of the respondent-Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6213 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 02.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner / Accused No.1 apprehends arrest at the hands of therespondent-Police for the offences punishable under Section 379 of IPC r/w Section21(4) of Mines and Minerals (Development and Regulation) Act in P.R.C.No.69/2024 on the file of learned Judicial Magistrate II, Sivagangai, Sivagangai Districtin connection with Crime No. 438/2020 on the file of the respondent-Police. 3. The case of the prosecution is that on 08.11.2020, at about 10.00 a.m., basedon a complaint given by the Village Administrative Officer, the respondent-Policewere conducting an inspection near Keelakottai river area. At that time, the policefound that the petitioner has illegally excavated and transported ½ unit of river sandin an Ashok Leyland Dost Vehicle bearing Registration No.TN-63-AY-3036 withoutany valid license or permission. On seeing the Police, he fled from the place by2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6213 of 2025leaving the vehicle behind. The Police seized the same. Hence, the case. 4. Mr.B.Santhanam Rajesh Kumar, the learned counsel for the petitioner,submits that the petitioner is an innocent person and that he has not committed anyoffence as alleged by the prosecution and that he has been falsely implicated in thiscase. He, however, submits that the petitioner is ready to abide by any conditions tobe imposed by this Court. He further submits that the respondent-Police has filed acharge sheet before the learned Judicial Magistrate II, Sivagangai and the same wastaken cognizance in P.R.C.No.69 of 2024. He further submits that since thepetitioner failed to appear before the Court on 05.03.2025, Non Bailable Warrant wasissued against him. He therefore prays for grant of pre-arrest bail to the petitioner.5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that the petitioner has illegallyexcavated and transported ½ unit of river sand by using an Ashok Leyland DostVehicle bearing Registration No.TN-63-AY-3036 without any valid license orpermission. He further submits that there is no previous case pending against thepetitioner. However, he prays to dismiss this Criminal Original Petition.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6213 of 20256. Heard on both sides. This Court has perused the records. 7. Considering the quantity of river sand allegedly excavated and transportedby the petitioner, and considering the fact that the river sand and the vehicle havebeen seized by the respondent-Police, and taking note of the fact that the chargesheet has been filed before the concerned Court, this Court is of the view thatcustodial interrogation of the petitioner is not necessary for the InvestigatingAgency in this case. Further, the petitioner has permanent residence and deep rootsin the society, and therefore, there is less possibility for absconding. Consideringthe same, and also considering the quantity of river sand allegedly excavated andtransported by the petitioner, and with a view to give one more opportunity to thepetitioner to reform himself, this Court is inclined to grant an order of pre-arrest bailto the petitioner subject to the following conditions.(i) The petitioner shall be released on pre-arrest bail in the event of his arrestor in the event of his surrender before the learned Judicial Magistrate II, Sivagangai,Sivagangai District, within a period of 15 days from the date on which the ordercopy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees TwentyFive Thousand only) along with two sureties, each for a like sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6213 of 2025Magistrate II, Sivagangai, Sivagangai 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 Judicial Magistrate II, Sivagangai, Sivagangai District,shall obtain a copy of any one of identity proofs to ensure their identity; (iii)The first petitioner shall pay a sum of Rs.25,000/- (Rupees Twenty FiveThousand only) in favour of the District Green Committee, Sivagangai District,without prejudice to his rights and contentions before the trial Court and producethe receipt / acknowledgment before the learned Judicial Magistrate II, Sivagangai,Sivagangai District.Only upon deposit, the learned Magistrate shall accept thesureties.(iv) The petitioner shall appear and sign before the respondent-Police daily at10.30 a.m., until further orders;(v) The petitioner shall make himself available for interrogation by a policeofficer as and when required;(vi) The petitioner shall not, directly or indirectly, make any inducement,threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any police officer;(vii) The petitioner shall not leave India without the previous permission of5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6213 of 2025the Court;(viii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate II, Sivagangai, Sivagangai District; (ix) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate II, Sivagangai, Sivagangai District, or Trial Court, as the case may be, isentitled to pass appropriate orders against the petitioner in accordance with law asif the aforementioned conditions are imposed by him as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 15/04/2025 / TRUE COPY / /05/2025 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.6213 of 2025TO1.THE LEARNED JUDICIAL MAGISTRATE COURT NO.II, SIVAGANGAI, SIVAGANGAI DISTRICT.2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.3.THE INSPECTOR OF POLICE, MADHAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6213 of 2025 Date :15/04/2025 VN/16.05.2025 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7