Petitioner arrayed as second accused for illegally transporting M-Sand sought anticipatory bail. No previous cases against him were reported. The court granted anticipatory bail on execution of a bond with two sureties, subject to conditions including a deposit and reporting to police as directed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 29/01/2025
PRESENT
The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
CRL OP(MD). No.1741 of 2025
Vijayakumar,
... Petitioner/2nd Accused
Vs
The State of Tamil Nadu, Rep. by its Inspector of Police, Kotticode Police Station, Kanyakumari District. Crime No. 24 of 2025.
... Respondent/Complainant
For Petitioner : Mr.Sivakumar, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS
PRAYER :-
For Anticipatory Bail in Crime No. 24 of 2025 on the file of the respondent Police.
ORDER : The Court made the following order :-
The petitioner/A2, who apprehends arrest at the hands of the https://www.mhc.tn.gov.in/judis
respondent police for the offences punishable under section 303(2) of BNS Act, 2023 r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.24 of 2025, on the file of the respondent police, seeks anticipatory bail.
appearing for the respondent Police on instructions submitted that there are no previous cases against the petitioner.
Padmanabhapuram 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 Magistrate concerned, 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 is directed to deposit a sum of Rs.4000/(Rupees Four Thousand only) to the credit of Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai625 023 (Indian Bank Saving Account No.496039124, IFSC Code: IDIB000H040), without prejudice to his rights and contentions before the trial Court. Only upon deposit, the learned Magistrate shall accept the sureties;
[c] the petitioner shall report before the respondent Police as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/-
29/01/2025
/ TRUE COPY /
/02/2025
Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE, KOTTICODE POLICE STATION, KANYAKUMARI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE OFFICER INCHARGE, ADVOCATE CLERKS WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI-625 023.
+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-1143[I] dated 30/01/2025 )
ORDER
IN CRL OP(MD) No.1741 of 2025 Date :29/01/2025
NBF / SAR- (12/02/2025) 5P/7C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for illegal transport of M-Sand under Section 303(2) BNS and Section 21(1) MMDR Act.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaRelied on¶36
(2005)AIR SCW 5560 · Who else cites this
4 provisions across 3 enactments
Vijayakumar
The State of Tamil Nadu, Rep. by its Inspector of Police, Kotticode Police Station, Kanyakumari District
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
