Arun Vs The State of Tamil Nadu

The State of Tamil Nadu, Rep. by, the Inspector of Police, Bodinayakanur Police Station, Theni District. Crime No.467 of 2025. ... Respondent/Complainant

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For Petitioner : K.Saravanan

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For Respondent : Ms.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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C-33AB. For Anticipatory Bail in Cr.No.467 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.18380 of 2025

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences under Sections 303(2) of BNS, r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.467 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the

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petitioner transported one unit of Odai sand through a Tractor bearing registration No.TN-65-B-8991. Hence, the complaint.

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The learned counsel for the petitioner

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submitted that the petitioner is an innocent person

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and has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks

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anticipatory bail for the petitioner.

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CRL OP(MD). No.18380 of 2025

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The learned Government Advocate (Criminal Side) submitted that the petitioner is having no previous cases. However, he opposed for grant of anticipatory bail to the petitioner.

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Considering the facts and circumstances of

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the case and considering the nature of allegation and since the petitioner is having no previous cases, 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

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released on bail in the event of arrest or on his appearance, 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 learned Judicial

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Magistrate, Bodinaikanur, Theni District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

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CRL OP(MD). No.18380 of 2025

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[a] the petitioner and the sureties

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shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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before the respondent Police daily at 10.30 a.m, until further orders;

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[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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[d] the petitioner shall not abscond either during investigation or trial;

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[e] 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 is released on bail by the learned Magistrate/Trial Court himself as laid

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

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CRL OP(MD). No.18380 of 2025

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down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 23.10.2025 PJL TO 1. The Judicial Magistrate, Bodinaikanur, Theni District. 2. Do-Through The Chief Judicial Magistrate, Theni District. 3. The Inspector of Police, Bodinayakanur Police Station, Theni District. 4. 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.18380 of 2025

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S.SRIMATHY,J

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PJL

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ORDER IN CRL OP(MD) No.18380 of 2025