Stanislaus Yobu Vs The State of Tamilnadu

This Criminal Original Petition has been filed by the petitioner on 14.03.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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

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CRL OP(MD). No.4956 of 2025

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The petitioner / A2 apprehends arrest at the hands of the respondent-police for the offences punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023 and r/w. Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.45 of 2025 on the file of the respondent-police.

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The case of the prosecution is that on 12.03.2025, when the defacto complainant, Special Thasildar Mines and Minerals Department was on patrol duty at Vannan Kovil, they found that the petitioner herein, along with other accused persons, was illegally excavating and transporting 2 units of gravel. Hence, the case.

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Mr.S.Senthil, the learned counsel for the petitioner, submits that the petitioner is an innocent person, and he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.

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Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner is the owner of the vehicle. He further submits that there is no previous case pending against the petitioner. He further submits that the investigation of the case is still pending and therefore, at this stage, if pre-arrest bail is granted to the petitioner, he may cause

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CRL OP(MD). No.4956 of 2025

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threat to the witnesses and commit the similar offence. 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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In view of the offence alleged against the petitioner and quantity of gravel allegedly excavated and transported by the petitioner, this Court is of the opinion that custodial interrogation of the petitioner, is not necessary in this case. The petitioner has permanent residence and deep roots in the society. Therefore, there is less possibility for absconding. Considering the same, and also considering the facts and circumstances of the case, and taking note of the fact that there is no previous case pending 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 pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.III, Trichy, 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.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.III, Trichy.

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(ii) The sureties shall affix their photographs and left thumb impression in the

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CRL OP(MD). No.4956 of 2025

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Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.III, Trichy shall obtain a copy of any one of identity proofs to ensure their identity.

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(iii) The petitioner shall appear and sign before the respondent-police weekly twice ie., every Monday and Friday at 10.00 am until further orders.

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(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

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

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(vii) The petitioner shall not directly or in directly cause any threat to the defacto complainant and tamper with the evidence.

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(viii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.III, Trichy.

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(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.III, Trichy is entitled to pass appropriate orders against the petitioner

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in accordance with law as if the aforementioned conditions are imposed by him as

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CRL OP(MD). No.4956 of 2025

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laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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