High Court · 2025

CRL OP(MD). No.6300 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 04/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.6300 of 20251. K. Subash2. S. Palanibharathi3. Sundrapandi4. Thangapandi ... Petitioners/Accused (Rank not known) VsThe State of Tamilnadu,Rep. by the Inspector of Police,Saptur Police Station,Madurai District.Crime No. 36/2025 ... Respondent/Complainant For Petitioners : Mr.S.S.Sundarapandian, 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. 36 of 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 02.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6300 of 20252. The petitioners apprehend arrest at the hands of the respondent-police forthe offences punishable under Sections 303(2) of BNS, 2023 and Section 21(5) of theMines and Minerals (Development and Regulation) Act, 1957, in Crime No.36 of2025 on the file of the respondent-police.3. The case of the prosecution is that on 28.03.2025 at about 11.00 p.m., basedon a secret information, the respondent-Police were conducting an inspection nearthe Government School, Saptur Village. During this inspection, they found that thepetitioners were illegally excavating and transporting one unit of river sand usingthe vehicle bearing Registration No.TN-45-BX-9289. Hence the case. 4. Mr.S.S.Sundarapandian, learned counsel appearing for the petitioners,submits that the petitioners have nothing to do with the alleged offence. He furthersubmits that a false case has been foisted against the petitioners. He further submitsthat the petitioners are ready to abide by any conditions that may be imposed bythis Court. Hence, he prays to grant pre-arrest bail to the petitioners.5. Mr.S.S.Manoj, learned Government Advocate (Criminal Side) appearing forthe respondent-Police, submits that there is no previous case against the firstpetitioner (Accused No.4); there is one previous case against the second petitioner(Accused No.3), which is not similar in nature; there are five previous cases againstthe third petitioner (Accused No.1), out of which three cases are similar in nature2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6300 of 2025and there are seven previous cases against the fourth petitioner (Accused No.2), outof which two cases are similar in nature. He further submits that the third petitioneris the owner and the fourth petitioner is the driver of the vehicle. He furthersubmits that the first and second petitioners are load-men. He further submits thatif pre-arrest bail is granted to the petitioners, they may commit the similar offenceagain. Hence, he vehemently opposes to grant pre-arrest bail to the petitioners.6. Heard on both sides. This Court has perused the records.7. Considering the facts and circumstances of the case, and the nature of theoffence alleged against the petitioners, and also considering the fact that thepetitioners have permanent residence and deep roots in the society and therefore,there is less possibility of absconding, and taking note of the fact that the allegedsand and the vehicle have been seized by the respondent-Police, and with a view togive an opportunity to the petitioners to reform themselves, this Court is inclined togrant pre-arrest bail to the petitioners subject to the following conditions: (i) The petitioners shall be released on pre-arrest bail in the event of theirarrest or in the event of their surrender before the learned District Munsif cumJudicial Magistrate, Periyur, within a period of 15 days from the date on which theorder copy is made ready, on executing a bond for a sum of Rs.10,000/- (RupeesTen Thousand only) each along with two sureties each for a like sum of Rs.10,000/-3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6300 of 2025(Rupees Ten Thousand only) to the satisfaction of the learned District Munsif cumJudicial Magistrate, Periyur;(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, Periyur, shallobtain a copy of any one of identity proofs to ensure their identity;(iii) The first and second petitioners shall appear and sign before therespondent-Police weekly once (i.e., on Sunday) at 09.00 a.m., and petitioner Nos.3and 4 shall appear and sign before the respondent-Police weekly twice (i.e., onMonday and Friday) at 09.00 a.m., until further orders.(iv) The petitioners shall make themselves available for interrogation by apolice officer as and when required.(v) The third petitioner shall deposit a sum of Rs.30,000/- (Rupees ThirtyThousand only) and the fourth petitioner shall deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the credit of Crime No.36 of 2025 on the fileof the respondent-police, before the learned District Munsif cum JudicialMagistrate, Periyur. In turn, the learned Judicial Magistrate shall deposit the saidamount in an interest-bearing Fixed Deposit in any nationalized Bank initially for aperiod of one year and renew them periodically until the final order / judgment is4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6300 of 2025passed in the case in Crime No.36 of 2025. The learned Judicial Magistrate/TrialCourt shall pass orders qua entitlement of the said amount in its finalorder/judgment;(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 him from disclosing such facts to the Court or to any police officer.(vii) The petitioners shall not, directly or indirectly cause threat to thewitnesses and shall not tamper with the evidence.(viii) The petitioners shall not leave India without the previous permission ofthe Court.(ix) The petitioners shall furnish their residential address and mobile numberto the learned District Munsif cum Judicial Magistrate, Periyur; and(x) On breach of any of the aforementioned conditions, the learned DistrictMunsif cum Judicial Magistrate, Periyur or Trial Court, as the case may be, isentitled to pass appropriate orders against the petitioners 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]. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6300 of 20258. Accordingly, this Criminal Original Petition is allowed subject to the conditionsstated supra. sd/- 04/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. TO1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERIYUR.2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI.3.THE INSPECTOR OF POLICE,SAPTUR POLICE STATION,MADURAI DISTRICT.4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to S.S.SUNDARAPANDIAN Advocate SR.No.3951 (I) DT.04/04/2025 ORDER IN CRL OP(MD) No.6300 of 2025 Date :04/04/2025 PR/23.04 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6