Basker @Baskar Vs the State of Tamil Nadu Rep. by

The petitioner, 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(1) of the Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.117 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the accused illegally transported 1/4 unit of river sand using a bullock cart. Hence, the present case.

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The learned counsel 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 in this case. He, however, submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

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The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case. The accused illegally transported 1/2 unit of river sand using a bullock cart. There are no previous cases registered against the

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petitioner. He further submitted that the entire properties have already been recovered. However, he opposed to grant anticipatory bail to the petitioner.

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Taking into consideration of the facts and circumstances of the case, the nature of the offence, and considering the quantity of minerals involved, and also taking note of the fact that the entire properties have already been recovered, and that there are no previous cases registered against the petitioner, and that as the date of occurrence is 31.05.2025, 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.

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Accordingly, 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, Pattukkottai, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, Pattukkottai, Thanjavur District, failing which, the petition for anticipatory bail shall stand dismissed and on further

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condition that:

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(a) the petitioner and the sureties shall affix their photographs and left thumb

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impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioner shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of the District Mineral Foundation Trust, Thanjavur District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Pattukkottai, Thanjavur District shall accept the sureties furnished by the petitioner;

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

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

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

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

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(g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial

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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;

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

sd/-

14/08/2025

/ TRUE COPY /

/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn