CRL OP(MD). No.16487 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 30/09/2024
PRESENT
The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
CRL OP(MD). No.16487 of 2024
1. Chandran
2. Dhayanithi
3. Surya ... Petitioners/Accused No.1,2 & 4
Vs
The State of Tamil Nadu,
Rep by the Inspector of Police,
Velliyanai Police Station,
Karur District
(Crime No. 341 of 2024.) ... Respondent/Complainant
For Petitioners : Mr.Vishnu V., Advocate.
For Respondent : Mr.A.Albert James,
Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS
PRAYER :-
For Anticipatory Bail in Crime No. 341 of 2024 on the file of the respondent
Police.
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CRL OP(MD). No.16487 of 2024
ORDER : The Court made the following order :-
The petitioners/A1, A2 and A4, who apprehend arrest at the hands of the
respondent police for the offences punishable under Sections 303(2) of BNS and
Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in
Crime No.341 of 2024 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners had illegally transported
four units of river sand. Hence, the case.
3.Heard. Perused the materials available on record including the First
Information Report.
4.Considering the nature of allegations, this court is inclined to grant
anticipatory bail to the petitioners with certain conditions:
5.Accordingly, 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 Judicial Magistrate Court No.2,
Karur, 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 Magistrate concerned, failing which, the petition for
anticipatory bail shall stand dismissed and on further condition that:
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CRL OP(MD). No.16487 of 2024
[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 Aadhar
card or Bank Pass Book to ensure their identity.
[b] the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen
Thousand only) each to the credit of Headmaster, Government Higher Secondary
School, G.Udayapatti, Kulithalai, Karur District, (Account No.31470991902, CIF
No; 85896796279, IFSC Code: SBIN0000863, State Bank of India, Kulithalai Branch),
without prejudice to their rights and contentions before the trial Court. Only upon
deposit, the learned Magistrate shall accept the sureties;
[c] the petitioners shall report before the respondent Police, daily at 10.30 a.m., for
a period of two weeks and thereafter, 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 action 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].
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CRL OP(MD). No.16487 of 2024
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section
229A IPC.
sd/-
30/09/2024
/ TRUE COPY /
/10/2024
Sub-Assistant Registrar
(C.S.I /II /III /IV )
Madurai Bench of Madras High Court,
Madurai - 625 023.
SJI
To
1.The Judicial Magistrate No.II,
Karur.
2.Do through the Chief Judicial Magistrate,
Karur District.
3.The Inspector of Police,
Velliyanai Police Station,
Karur District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
Copy to:
The Headmaster,
Government Higher Secondary School,
G.Udayapatti, Kulithalai,
Karur District.
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CRL OP(MD). No.16487 of 2024
ORDER
IN
CRL OP(MD) No.16487 of 2024
Date :30/09/2024
ED/ MMS /SAR- (16/10/2024) 5P / 6C
Madurai Bench of Madras High Court is issuing certified copies in this format from
17/07/2023
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