Judgment · High Court
Case at a glance
- Bench
- S SRIMATHY
Outcome
Allowed
Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Peravurani, on condition that the petitioners shall execute a bond for a sum of Rs
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 54, 269, 303(2)
Key paragraphs
- Para 55. Taking into consideration of the facts and circumstances of the case and also the fact that the property has been recovered and there are no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, with certain…
Judgment
Cause title
CRL OP(MD). No.16445 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2025CORAMTHE HONOURABLE MRS JUSTICE S.SRIMATHYCRL OP(MD) NO. 16445 of 20251.Sankar @ Jaysankar2.Anbazhagan3.Neelakandan ..Petitioners
/A3, 5 & 6 VsState Of Tamilnadu, Rep By The Inspector Of Police, Sethubavachathiram Police Station, Thanjavur District. (Crime No.285 of 2025) Respondent(s) For Petitioner(s): Mr.D.R.MurugesanFor Respondent(s): Mr.A.S.Abul Kalaam AzadGovernment Advocate (Crl. Side)PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.285 of 2025 on the file of the Respondent Police.1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16445 of 2025
ORDER :
The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 54 of BNS, 2023 r/w Section 21(1) of Mines and Minerals Development and Regulation Act, 1957, in Crime No.285 of 2025, on the file of the respondent police, seek anticipatory bail.
The case of the prosecution is that the petitioners and other accused persons had transported quarter unit of river sand illegally by using bullock carts, without any permission. Hence, the complaint.
The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16445 of 2025prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
The learned Government Advocate (Crl. side) submitted that the entire property has been recovered. He further submitted that there are no previous cases pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
Operative part
Taking into consideration of the facts and circumstances of the case and also the fact that the property has been recovered and there are no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16445 of 20256. Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Peravurani, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Peravurani, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD).
No.16445 of 2025 Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners shall furnish their residential address and mobile number to the learned District Munsif Cum Judicial Magistrate, Peravurani. In the event of any change in their residential address, the petitioners shall report the same to the learned District Munsif Cum Judicial Magistrate, Peravurani; (c) the petitioners shall report before the respondent police as and when required for interrogation; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16445 of 2025action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs.
State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.26.09.2025ksa 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16445 of 2025To1.The learned District Munsif Cum Judicial Magistrate, Peravurani. 2. The Inspector Of Police, Sethubavachathiram Police Station, Thanjavur District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16445 of 2025 S.SRIMATHY.J.,ksaCrl.O.P.(MD).No.16445 of 2025 Date : 26.09.20258/8
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Peravurani, on condition that the petitioners shall execute a bond for a sum of Rs
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 54, 269, 303(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.