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Manikandan v. The State of Tamilnadu

Madras HC9 Jan 2025CRL OP(MD)/459/2025

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench, granted anticipatory bail to the petitioner in a criminal case involving illegal transportation of sand under mining laws, subject to strict conditions including monetary deposit, appearance, and non-absconding.

What did the court decide?

The petitioner was ordered to be released on bail subject to executing a bond with sureties, depositing Rs. 5,000 with a specific association, and adhering to conditions of appearance and non-abscondi

Manikandan Vs The State of Tamilnadu — Mining and Natural Resources | Madras HC (2025)

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CRL OP(MD). No.459 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 : 09.01.2025

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PRESENT

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The Hon`ble Mr.Justice N.ANAND VENKATESH

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CRL OP(MD). No.459 of 2025

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Manikandan ... Petitioner/Accused No.2 Vs The Inspector of Police, Pazhavoor Police Station, Pazhavoor, Tirunelveli District. (Crime No.374 of 2024) ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan, Advocate For Respondent : Mr.B.Thanga Aravind, Government Advocate (Criminal Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.

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PRAYER :-

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For Anticipatory Bail in Crime No.374 of 2024 on the file of the respondent police.

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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

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the alleged offences under Sections 303(2) of BNS r/w. Section 21(1) of Mines and

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https://www.mhc.tn.gov.in/judis Minerals (Development and Regulation) Act, 1957, in Crime No. 374 of 2024 on the

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CRL OP(MD). No.459 of 2025

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file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner had illegally transported 3 units of odai sand in a Tempo. Hence, the case.

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Heard the learned counsel on either side and perused the material records of the case.

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The learned Government Advocate (Criminal Saide), on instructions, submitted that there are totally 2 accused persons in this case and the petitioner has been arrayed as A2 and there are two previous cases against the petitioner similar in nature.

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Taking into consideration the facts and circumstances of the case and also considering the quantity of minerals involved, this court is inclined to grant anticipatory bail to the petitioner with 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 Court, Valliyoor, Tirunelveli 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

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the satisfaction of the learned Magistrate concerned, failing which, the petition for https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.459 of 2025

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anticipatory bail shall stand dismissed and on further condition 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 is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the M/s.Salem Vakil Gumasthas Association, Indian Overseas Bank, Branch:District Court, Salem (Account No:-17801000000397, IFSC Code:-IOBA001780, without prejudice to his rights and contentions before the trial Court. Only upon deposit, the learned Magistrate shall accept the sureties;

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[c] the petitioner shall appear before the respondent police as and when required for interrogation.

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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 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].

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

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CRL OP(MD). No.459 of 2025

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[g] If the accused thereafter absconds, a fresh FIR can be registered under

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Section 269 of BNS, 2023.

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sd/09/01/2025 / TRUE COPY /

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/01/2025

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

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pal TO

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1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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3 THE INSPECTOR OF POLICE, PAZHAVOOR POLICE STATION, PAZHAVOOR, TIRUNELVELI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO

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THE OFFICER INCHARGE M/S.SALEM VAKIL GUMASTHAS ASSOCIATION, DISTRICT COURT, SALEM.

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+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-355[I] dated 09/01/2025 )

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

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CRL OP(MD). No.459 of 2025

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ORDER IN CRL OP(MD) No.459 of 2025 Date :09/01/2025

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RS/SKN/SAR-(30.01.2025) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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Manikandan v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Manikandan v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

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