Periyasamy Vs State Of Tamilnadu Rep By Inspector Of Police, Manikandam

The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS 2023 (Corresponding 379 of IPC) and Section 21(4) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.128 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 ¼ unit of river sand by using bullock cart, without any valid permission. Hence, the complaint.

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The learned counsel appearing for the petitioner submitted that

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the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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

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CRL OP(MD). No.3105 of 2026

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The learned Government Advocate (Crl.Side) submitted that there are five previous cases pending against the petitioner and the property has been recovered. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

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5.Taking into consideration of the facts and circumstances of the

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case and also the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner, with other conditions.

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Accordingly, the petitioner is ordered to be released on bail in

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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.IV, Trichy, Trichy 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 the satisfaction of the learned Judicial Magistrate No.IV, Trichy, Trichy District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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

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CRL OP(MD). No.3105 of 2026

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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 shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the Corporation Sethupathy Pandithurai Higher Secondary School, Railway Colony, Madurai, State Bank of India, Karimedu, Madurai, Account No. 30033864969, IFSC No.SBIN0008167, MICR Code: 625002017, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

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(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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

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CRL OP(MD). No.3105 of 2026

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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] and;

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(g) if the accused/petitioner thereafter abscond, a fresh

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FIR can be registered under Section 269 of BNS, 2023.

(S S Y J) 16.02.2026

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