Karunanithi v. State of Tamilnadu Rep by the Sub Inspector of Police, Srirangam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Karunanithi, S/o.Selvaraj

... Petitioner/A1

Vs The State of Tamil Nadu, Rep. by, the Sub Inspector of Police, Srirangam Police Station, Trichy City. (Crime No.115 of 2025)

... Respondent/Complainant

For Petitioner : Dr.R.Alagumani,

Advocate For Respondent : Mr.S.Prakash,

Government Advocate

(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.115 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 Sections 303(1), 132 and 351(2) of BNS, 2023 r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.115 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 10.02.2025, the accused persons were illegally loading 2 ½ units of river sand into a pickup vehicle using a JCB vehicle. Hence, a case has been registered.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated as an accused solely based on the confession of the co-accused. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

¶4The learned Government Advocate (Crl. side) submitted that the petitioner has been arrayed as A1 in this case. A2 was arrested and subsequently released on bail, while A3 & A4 have been granted anticipatory bail. He further submitted that there are eight previous cases registered against the petitioner, out of which seven cases are similar in nature. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that as the date of occurrence is

10.02.2025, by this time most of the investigation might have been completed, and that one of the co-accused was arrested and subsequently released on bail, and two of the co-accused have been granted anticipatory bail, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Srirangam, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Srirangam, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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.15,000/- (Rupees Fifteen Thousand only) to the credit of the District Mineral Foundation Trust, Trichy District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Srirangam shall accept the sureties furnished by the petitioner;

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

(d) the petitioner shall report before the respondent police daily at 10.30 a.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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. sd/- 04/07/2025

/ TRUE COPY / /07/2025

Sub-Assistant Registrar (C.S.-I/ II /III/ IV)

Madurai Bench of Madras High Court,

Madurai - 625 023. mkn

TO

1.The Judicial Magistrate, Srirangam.

¶2Do through the Chief Judicial Magistrate, Trichy.

3.The Officer In Charge, The District Mineral Foundation Trust, Trichy.

4.The Inspector of Police, Srirangam Police Station, Trichy City.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.11267 of 2025 Date :04/07/2025

PS/SAR.21.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023