Senthilkumar Vs The State of Tamilnadu

The petitioner/Accused No not known, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 303 (2) of BNS r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.182 of 2025, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner had illegally transported three units of M.Sand. Hence, the complaint.

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The learned Counsel for the petitioner would submit that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He therefore prays for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there are three previous cases against the petitioner out of which one case has been disposed of and other two cases, which are of a similar nature, are still pending.

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Considering the facts and circumstances of the case and also considering the quantity of minerals involved, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions.

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Accordingly, the petitioner is ordered to be released on anticipatory 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 No.2, Thanjavur, 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 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 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

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card or Bank Pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] 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 law as if the conditions have been imposed and the petitioners 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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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

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/05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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jbr

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