Prabhakaran Vs The State of Tamil Nadu

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for Anticipatory Bail in Crime No.99 of 2025 on the file of the respondent police.

¶14

For Petitioners : Mr.P.Surli Raja, Advocate

¶15

For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side)

¶16

1/7

¶17

https://www.mhc.tn.gov.in/judis

¶18

CRL OP(MD).No.10409 of 2025

¶19

ORDER : The Court made the following order :-

¶20

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.99 of 2025 on the file of the respondent police, seek anticipatory bail.

¶21

The case of the prosecution is that, on 12.06.2025, while on surveillance, the Sub-Inspector of Police is said to have spotted two vehicles—namely, a Tipper Lorry bearing Registration No.TN-28-BJ-3015 and a JCB bearing Registration No.TN-45BH-8338 near the Palaiyapatti small river bed (Oodai). Upon inspection, it was found that the petitioners had illegally attempted to extract sand (Oodai sand) from the river bed without any valid license. On noticing the respondent police, the petitioners allegedly fled from the scene of occurrence. Subsequently, the respondent police registered a case against the petitioners and seized the aforesaid vehicles. Hence, the case.

¶22

2/7

¶23

https://www.mhc.tn.gov.in/judis

¶24

CRL OP(MD).No.10409 of 2025

¶25

The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioners. He would further submit that there are no previous cases against the petitioners. Hence, he seeks anticipatory bail to the petitioners.

¶26

The learned Government Advocate (Criminal Side) would submit that the accused persons had illegally attempted to extract sand (Oodai sand) from the river bed without possessing any valid license. He would further submit that there are no previous cases against the petitioners. He would also submit that the alleged properties involved in the offence have been seized. He would also submit that the investigation is still pending, and therefore, he opposes the grant of anticipatory bail to the petitioners at this stage.

¶27

This Court has heard the learned counsel on both sides and perused the materials available on record.

¶28

Taking into consideration the facts and circumstances of the case, the nature of offence allegedly committed by the petitioners and taking note the quantity of minerals involved in this case and also taking into consideration the fact that there

¶29

3/7

¶30

https://www.mhc.tn.gov.in/judis

¶31

CRL OP(MD).No.10409 of 2025

¶32

are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶33

Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.III, Thanjavur District 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.III, Thanjavur District and on further conditions that:

¶34

(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.

¶35

(b) the petitioners shall furnish their residential address and mobile number

¶36

to the learned Judicial Magistrate No.III, Thanjavur District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.III, Thanjavur District.

¶37

4/7

¶38

https://www.mhc.tn.gov.in/judis

¶39

CRL OP(MD).No.10409 of 2025

¶40

[c] the petitioners shall make a non-refundable deposit of Rs.4,000/- (Rupees Four Thousand only) each to the credit of Chairman / District Collector, District Mineral Foundation Trust of the concerned District and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner.

¶41

(d) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

¶42

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial.

¶43

(f) the petitioners shall not abscond either during investigation or trial.

¶44

(g) 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].

¶45

5/7

¶46

https://www.mhc.tn.gov.in/judis

¶47

CRL OP(MD).No.10409 of 2025

¶48

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

¶49