Allowed

Kumar v. The State of Tamil Nadu

Madras HC8 Oct 2025CRL OP(MD)/17059/2025

Case brief

AI extract

What is this about?

Accused sought anticipatory bail in a case of illegal transport of six units of gravel sand under BNS Section 303(2) read with the MMDR Act. The court granted anticipatory bail with conditions including a bond with two sureties, a Rs.5,000 deposit, daily police reporting, and no tampering with evidence.

What did the court decide?

Anticipatory bail granted with conditions: Rs.10,000 bond with two sureties, Rs.5,000 deposit, daily reporting to respondent police, no tampering or absconding.

Kumar Vs The State of Tamil Nadu — Anticipatory Bail | Madras HC (2025)

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CRL OP(MD). No.17059 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 08.10.2025

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PRESENT

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THE HONOURABLE MRS. JUSTICE S.SRIMATHY

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CRL OP(MD)No.17059 of 2025

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Kumar ... Petitioner/Sole Accused

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Vs The State of Tamilnadu, Rep by the Inspector of Police, Kallikudi Police Station, Madurai District. (Crime No.188 of 2025) ... Respondent/Complainant

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For Petitioner : Mr.M.Ragul For Respondent : Mrs.M.Aasha Government Advocate (Crl. side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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PRAYER :-

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For Anticipatory Bail in Cr.No.188 of 2025 on the file of the respondent police.

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

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CRL OP(MD). No.17059 of 2025

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ORDER : The Court made the following order :-

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The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.188 of 2025, seeks anticipatory bail.

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The case of the prosecution is that the petitioner and the other accused had illegally transported six units of gravel sand. Hence, the complaint.

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The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

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The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that two previous cases are pending against the petitioner.

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

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CRL OP(MD). No.17059 of 2025

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Taking into consideration of the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Thirumangalam, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

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(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;

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(b) the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the

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

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CRL OP(MD). No.17059 of 2025

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Madras High Court Madurai Bench Advocate Clerk's Welfare Association, Madurai, in the Indian Bank, High Court, Madurai Branch, Account No.496039124 IFSC No.IDIB000H040, without prejudice to his contentions and rights before the trial Court. Only on such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

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

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

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(f) 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 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]; and;

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

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CRL OP(MD). No.17059 of 2025

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

(S S Y J)

08.10.2025

jbr

The Judicial Magistrate Court, Thirumangalam.

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The Inspector of Police, Kallikudi Police Station, Madurai District.

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The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

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CRL OP(MD). No.17059 of 2025

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S.SRIMATHY,J.

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jbr

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ORDER IN CRL OP(MD) No.17059 of 2025

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Date : 08.10.2025

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

Kumar v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Kumar v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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