Seenivasan v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Seenivasan, S/o.Murugan

... Petitioner/Accused

Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Gandamanur Police Station, Theni District. (Crime No.53 of 2025) ... Respondent/Complainant

For Petitioner : Mr.Maheswaran R, Advocate

For Respondent : Mr.M.Karunanithi,

Government Advocate

(Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.53 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023 r/w. Section 21

(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.53 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the accused illegally transported one unit of river sand using Mahindra Bolero Pickup vehicle bearing registration No.TN-57-CZ-7905. Hence, the present case.

¶3The learned counsel for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case. The entire properties have been recovered. He further submitted that seven previous cases have been registered against the petitioner, five of which are of a similar nature. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case, and considering the quantity of minerals involved, and also taking note of the fact that the entire properties have already been recovered, and that as the date of occurrence is

26.03.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aundipatti, Madurai District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Aundipatti, Madurai District and on further conditions that:

(a) the petitioner 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 petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of the District Mineral Foundation Trust, Theni District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Aundipatti, Madurai District shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Aundipatti, Madurai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Aundipatti, Madurai District;

(d) the petitioner shall report before the respondent police daily twice i.e. at

10.30 a.m. and 05.30 p.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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;

(h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/-

09.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn TO

1.The Judicial Magistrate, Aundipatti, Madurai District.

2.Do Through The Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Gandamanur Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To: The Officer Incharge, District Mineral Foundation, Theni Distict. ORDER IN CRL OP(MD) No.9648 of 2025 Date : 09/07/2025

JJ/24.07.2025 6P/6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023