Allowed

Sakthiperiyakumaran v. The State of Tamil Nadu

Madras HC21 Feb 2025CRL OP(MD)/3336/2025

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail for allegedly transporting excess gravel sand beyond a transit pass. The court noted his permanent residence and deep roots in society, found little risk of absconding, and granted pre-arrest bail on a Rs.1 lakh bond with two sureties and conditions including daily appearance before the Magistrate.

What did the court decide?

Anticipatory bail granted: release on arrest or surrender within 15 days on Rs.1,00,000 bond with two sureties of like sum, subject to stated conditions.

Sakthiperiyakumaran Vs The State of Tamil Nadu — Mining and Natural Resources | Madras HC (2025)

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CRL OP(MD). No.3336 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 : 21.02.2025

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PRESENT

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THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

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CRL OP(MD). No.3336 of 2025

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Sakthiperiyakumaran ... Petitioner/Accused Rank Not Known

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The State of Tamil Nadu, Rep by the Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District. Crime No.278 of 2024 ... Respondent/Complainant

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For Petitioner : Mr.S.Palani Velayutham

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For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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PRAYER :- For Anticipatory Bail in Crime No.278 of 2024 on the file of the respondent-police. ORDER : The Court made the following order :-

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This Criminal Original Petition has been filed by the petitioner on 19.02.2025

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under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant an order of pre-arrest bail.

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The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Section 303(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.278 of 2024 on the file of the respondent-police.

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The case of the prosecution is that on 03.07.2024 at about 04.00 p.m., during

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routine vehicle check up, the defacto complainant and other officials stopped a vehicle bearing Registration No.KL 74 B 4060 and on enquiry, they found that the petitioner and other accused persons transported excess amount of graval sand, in that vehicle beyond the extent permitted in the transit pass. Hence, the case.

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Mr.S.Palani Velayutham, learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case and he did not commit any offence as alleged by the prosecution. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.

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Per contra, Mr.S.S.Manoj, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that the petitioner is the owner of quarry and the petitioner and other accused persons transported excess amount of graval sand. https://www.mhc.tn.gov.in/judis

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Accordingly, he prays to dismiss this Criminal Original Petition.

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Heard on both sides. This Court has perused the records.

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The petitioner has permanent residence and deep roots in the society and

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hence, there is less possibility of absconding. Considering the above and nature of the offences alleged against the petitioner and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

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(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Radhapuram, Tirunelveli District, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) along with two sureties each for a like sum of Rs.1,00,000/- (Rupees One Lakh only) to the satisfaction of the learned Judicial Magistrate, Radhapuram, Tirunelveli District;

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(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

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(iii) The petitioner shall make himself available for interrogation by a police https://www.mhc.tn.gov.in/judis

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officer as and when required;

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(iv) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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(v) The petitioner shall not leave India without the previous permission of the Court;

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(vi) The petitioner shall appear and sign before the learned Judicial Magistrate, Radhapuram, Tirunelveli District on all working days at 10.30 a.m. until further orders;

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(vii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Radhapuram, Tirunelveli District;

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(viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and

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(ix) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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