Allowed

G Kannan v. The State of Tamilnadu Rep.by

Madras HC10 Jan 2025CRL OP(MD)/597/2025

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail under Section 482 BNSS for alleged illegal transport of M-Sand under Section 21(1) MMDR Act. The court granted anticipatory bail with conditions including bonds, sureties, a deposit, appearance before police, and non-tampering.

What did the court decide?

Anticipatory bail granted on conditions: Rs.10,000 bond each with two like sureties, deposit of Rs.1,500 each, appearance when required, no tampering or absconding.

G Kannan Vs The State of Tamilnadu Rep.by — Anticipatory Bail | Madras HC (2025)

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CRL OP(MD). No.597 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 : 10.01.2025

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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.597 of 2025

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1.G.Kannan

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2.Karmegam ... Petitioners/ Accused Rank Not Known

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The State of Tamil Nadu Represented by the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District. (Crime No.375 of 2024)

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... Respondent/Complainant

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For Petitioners: Mr.D.Senthil, Advocate

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For Respondent : Mr.B.Thanga Aravindh, Government Advocate

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(Criminal Side)

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

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PRAYER :- For Anticipatory Bail in Crime No.375 of 2024 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.597 of 2025

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ORDER : The Court made the following order :-

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The petitioners, who apprehend arrest at the hands of the respondent police for

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the alleged offences under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.375 of 2024 on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution is that the accused persons had illegally transported 3 units of M-Sand in tipper lorry. Hence, the case.

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The learned Government Advocate (Criminal Side), on instructions, submitted that there are no previous cases against the petitioners.

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

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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 petitioners with certain conditions:

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Paramakudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees

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Ten Thousand only) with two sureties each for a like sum to the satisfaction of the https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.597 of 2025

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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:

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[a] the petitioners 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 petitioners are directed to deposit a sum of Rs.1500/- (Rupees One Thousand and Five Hundred only) each 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 their rights and contentions before the trial Court. Only upon deposit, the learned Magistrate shall accept the sureties

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[c] the petitioners shall appear before the respondent Police as and when required for interrogation.

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[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioners 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

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Court is entitled to take appropriate action against the petitioner in accordance with https://www.mhc.tn.gov.in/judis

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