High Court · 2025

CRL OP(MD). No.7602 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 25/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7602 of 2025Chinrasu ... Petitioner/Accused No.2 VsThe State of Tamilnadu,Rep by the Inspector of Police,K.Paramathi Police Station,Karur District.(Crime No. 303 of 2024). ... Respondent/Complainant For Petitioner : Mr. J.Imran Khan 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.303 of 2024 on the file of the respondent Police.1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7602 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 23.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner / accused No.2 apprehends arrest at the hands of therespondent-police for the offences punishable under Sections 303(2) of BNS, 2023r/w. 21(1) of Mines and Minerals (Development and Regulation) Act, in CrimeNo.303 of 2024 on the file of the respondent-police.3. The case of the prosecution is that on 05.12.2024 at 8.00 pm, when thedefacto complainant viz., Assistant Geologist and Mining Department, Karur wasconducting a vehicle check-up nearby Kongu Mess in Karur to Coimbatore road, atthat time, the petitioner herein and other accused were illegally excavated andtransported 6 units of river sand by using M-sand permit in a Tipper Lorry bearingRegn.No.TN 28 BH 9059. Hence, the case. 4. Mr.J.Imran Khan, the learned counsel for the petitioner, submits that it is asecond pre-arrest bail petition and the earlier petition filed by the petitioner was2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7602 of 2025dismissed by this Court vide order, dated 20.01.2025 in Crl.O.P(MD).No.787 of 2025,wherein at paragraph Nos. 3 to 5 held as follows:“3. The learned counsel appearing for the petitioner submitted thatthe petitioner is the owner of the lorry and what was carried was only M-sand and not river sand and a false case has been foisted against thepetitioner. 4. The learned Government Advocate (Crl. Side) submitted that bymisusing the permit given for carrying M-sand, 6 units of river sand wascarried in the vehicle.5.Taking into consideration the facts and circumstances of the caseand taking note of the specific stand that has been taken by both sidesand also considering the quantity of sand that is involved in this case,this Court is not inclined to grant anticipatory bail for the present. Thepicture will get more clearer after the respondent police gets the testreport which will clearly establish as to whether M-sand was carried inthe vehicle or river sand was carried.”The learned counsel for the petitioner submits that till date the respondent –Police did not take steps to send the samples to the Forensic Laboratory. He furthersubmits that petitioner is an innocent person, and he has not committed any offenceas alleged by the prosecution, and he has been falsely implicated in this case. Hefurther submits that the petitioner is ready to abide by any conditions to be imposedby this Court. 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)3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7602 of 2025appearing for the respondent-police, on instructions, submits that no steps havebeen taken so far to send the sand in question for Laboratory examination. Hefurther submits that both the vehicle and sand were seized. He further submits thatthe investigation of the case is still pending and therefore, at this stage, if pre-arrestbail is granted to the petitioner, he may cause threat to the witnesses and committhe similar offence. Accordingly, he prays to dismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. Considering the facts and circumstances of the case and also considering thefact that both the vehicle and sand were seized from the petitioner, this Court is ofthe view that the custodial interrogation of the petitioner is not necessary. Thepetitioner has permanent residence and deep roots in the society. Therefore, there isless possibility for absconding. Despite the order passed by this Court, therespondent – Police has not taken any steps to send the samples to ForensicLaboratory. Hence with a view to give an opportunity to the petitioner to reformhimself, this Court is inclined to grant an order of pre-arrest bail to the petitionersubject to the following conditions.4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7602 of 2025(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 District Munsif – Cum - JudicialMagistrate, Aravakurichi, 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.25,000/- (RupeesTwenty Five Thousand only) along with two sureties each for a like sum ofRs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learnedDistrict Munsif – Cum - Judicial Magistrate, Aravakurichi. (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,Aravakurichi shall obtain a copy of any one of identity proofs to ensure theiridentity.(iii) The petitioner shall report before the learned District Munsif – Cum -Judicial Magistrate, Aravakurichi on all working days at 10.30 am until furtherorders. 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7602 of 2025(iv) The petitioner shall make himself available for interrogation by a policeofficer 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 prior permission of theCourt.(vii) The petitioner shall not directly or indirectly cause any threat to thedefacto complainant and the witnesses and shall also not tamper with the evidence. (viii) The petitioner shall furnish his residential address and mobile number tothe learned District Munsif – Cum - Judicial Magistrate, Aravakurichi. (ix) On breach of any of the aforementioned conditions, the learned DistrictMunsif – Cum - Judicial Magistrate, Aravakurichi is entitled to pass appropriateorders against the petitioner in accordance with law as if the aforementioned6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7602 of 2025conditions are 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/- 25/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TRP TO1. The District Munsif – Cum - Judicial Magistrate, Aravakurichi. 2. Do-Through The Chief Judicial Magistrate, Karur District.3. The Inspector of Police, K. Paramathi Police Station, Karur District.4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7602 of 2025+1 CC to M/s.J.IMRAN KHAN, Advocate ( SR-4768[I] dated 25/04/2025 ) ORDER IN CRL OP(MD) No.7602 of 2025 Date :25/04/2025 VN /28.05.2025 8P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8