High Court · 2025

CRL.OP(MD). No.6473 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.6473 of 20251.Velladurai2.Sekar... Petitioners / Accused Nos.1 & 2Vs.The State of Tamil Nadu rep byThe Inspector of Police,Seevalaperi Police Station,Tirunelveli District.(Crime No.191 of 2025)... Respondent / ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioners in Crime No.191 of 2025 on the file of the respondent-police.For Petitioners :Mr.T.Leninkumar,AdvocateFor Respondent:Mr.K.Sanjai Gandhi,Government Advocate(Criminal Side)ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 04.04.20251/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6473 of 2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-police forthe offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS),2023 , in Crime No.191 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 26.03.2025, the Special Sub-Inspectorattached to the respondent police station, lodged a complaint against the petitioners.According to the complaint, on the same day, while the defacto complainant and hissubordinates were on surveillance duty, they observed that the petitioners and thethird accused (A3) were using an unregistered JCB vehicle to excavateapproximately 3 units of "Kuruva soil" near the 1st petitioner’s brickyard, situatedon the northern side of Melamadai Sudalaimalai Temple, Madathupatti Road. Uponnoticing the police party, the petitioners fled from the place of occurrence, while A3was apprehended by the defacto complainant. Based on the confession given by A3,the petitioners were subsequently implicated as accused in the case. It is furtheralleged that the petitioners are the joint owners of the said JCB vehicle. Hence, thecase.4. Mr.T.Leninkumar, the learned counsel for the petitioners, submits that thepetitioners are innocent persons, and they have not committed any offence as2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6473 of 2025alleged by the prosecution, and a false case has been foisted against the petitioners.He further submits that the petitioners have been implicated in this case only basedon the confession statement given by A3. He, however, submits that the petitionersare ready to abide by any conditions to be imposed by this Court. Accordingly, heprays to grant an order 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 there are totally threeaccused persons in this case and the petitioners have been arrayed as A1 and A2. Hefurther submits that the accused persons illegally excavated and transported 3 unitsof kuruva soil from the government land. He further submits that there are noprevious cases registered against the first petitioner. As regards the secondpetitioner, there are five previous cases, out of which three have been disposed of,and the remaining two are of a similar nature to the present case. He furthersubmits that if pre-arrest bail is granted to the petitioners, they will commit similartype of offence and cause loss to wealth of the nation. Accordingly, he prays todismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. Considering the fact that the allegedly transported sand has already beenseized by the respondent-police, the custodial interrogation of the petitioners is not3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6473 of 2025necessary. Further, the petitioners have permanent residence and deep roots in thesociety. Hence, there is less possibility of absconding. Considering the same andalso considering the nature of the offence alleged against the petitioners and thequantity of sand allegedly excavated and transported by the petitioners and with aview to give an opportunity to the petitioners to reform themselves, this Court isinclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail isgranted 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 Judicial Magistrate No.III,Tirunelveli, within a period of 15 days from the date on which the order copy ismade ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty FiveThousand only) each along with two sureties each for a like sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the satisfaction of the learned JudicialMagistrate No.III, Tirunelveli.(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 shall obtain a copy of any one ofidentity proofs to ensure their identity.(iii) The second petitioner/A2 (Sekar) is directed to donate a sum of4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6473 of 2025Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of the GreenCommittee, Tirunelveli District without prejudice to his rights and contentionsbefore the Trial Court. Only upon deposit, the learned Magistrate shall accept thesureties.(iv) The petitioners shall appear and sign before the respondent-police daily at10.00 a.m. until further orders.(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 him from disclosing such facts to the Court or to any police officer.(vii) The petitioners shall also not, directly or indirectly, cause any threat to thewitnesses and shall not tamper 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 concerned Magistrate.(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate orders5/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6473 of 2025against the petitioners in accordance with law as if the aforementioned conditionsare imposed by him as laid down by the Hon'ble Supreme 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/- 28/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. pal To1.The Judicial Magistrate No.III, Tirunelveli.2.Do through The Chief Judicial Magistrate, Tirunelveli.3.The Inspector of Police,Seevalaperi Police Station,Tirunelveli District.4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-5079[I] dated 29/04/2025 ) ORDER IN CRL OP(MD) No.6473 of 2025 Date :28/04/2025 PP/21.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6