Alagu Pandi Vs The State of Tamilnadu

This Criminal Original Petition has been filed by the petitioners on 02.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Sections 303(2) of BNS, 2023 and Section 21(4) of the Mines and Minerals (Development and Regulation) Act in Crime No.187 of 2025 on the file of the respondent-police.

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The case of the prosecution is that on 31.03.2025 at about 03.00 p.m., based on a complaint given by the Village Administrative Officer, the respondent-Police were conducting an inspection in the Pulavan Kanmoi. During this inspection, they

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found that the petitioners were illegally excavating and transporting one unit of gravel sand using three Tractors along with a Trailer and a JCP. Hence the case.

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Mr.Dr.R.Alagumani, learned counsel appearing for the petitioners, submits that the petitioners have nothing to do with the alleged offence. He further submits that a false case has been foisted against the petitioners. He further submits that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant pre-arrest bail to the petitioners.

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Mr.S.S.Manoj, learned Government Advocate (Criminal Side) appearing for the respondent-Police, submits that there are no previous cases against the petitioners. He further submits that the alleged sand and the vehicle have been seized by the respondent-Police. Hence, he vehemently opposes to grant pre-arrest bail to the petitioners.

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

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Considering the facts and circumstances of the case, and the nature of the

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offence alleged against the petitioners, and also considering the fact that the

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petitioners have permanent residence and deep roots in the society and therefore, there is less possibility of absconding, and taking note of the fact that the alleged sand and the vehicle have been seized by the respondent-Police, and with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant pre-arrest bail to the petitioners subject to the following conditions:

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(i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate I, Sivagangai 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.10,000/- (Rupees Ten Thousand only) each along with two sureties each for a like sum of Rs.10,000/(Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate I, Sivagangai 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 I, Sivagangai District, shall obtain a copy of any one of identity proofs to ensure their identity;

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(iii) The petitioners shall appear and sign before the respondent-Police weekly twice (i.e., on Monday and Friday) at 10.30 a.m., until further orders.

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

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(v) Each petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.187 of 2025 on the file of the respondent-police, before the learned Judicial Magistrate I, Sivagangai District. In turn, the learned Judicial Magistrate shall deposit the said amount in an interest-bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.187 of 2025. The learned Judicial Magistrate/Trial Court shall pass orders qua entitlement of the said amount in its final order/judgment;

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(vi) The petitioners 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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(vii) The petitioners shall not, directly or indirectly cause threat to the defacto complainant and the witnesses and shall not tamper with the evidence.

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(viii) The petitioners shall not leave India without the previous permission of the Court.

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(ix) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate I, Sivagangai District; and

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(x) On breach of any of the aforementioned conditions, the learned Judicial

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Magistrate I, Sivagangai District or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by him 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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