TNRM010047062024

IN THE COURT OF PRINCIPAL SESSIONS JUDGE, RAMANATHAPURAM.

PRESENT: THIRU.S.KUMARAGURU, B.L.,
Principal Sessions Judge,
Ramanathapuram.
Thursday, the 19th day of September 2024
Crl.M.P.No.3729/2024
(CNR No. TNRM-01-004706-2024)

1. Ramamoorthi, (aged 53),

S/o.Muniyandithevar.

2. Muniyammal, (aged 50),

W/o.Ramamoorthi.

3. Muthuramalingam, (aged 30),

S/o. Ramamoorthi.

4. Muniyasamy, (aged 19)

S/o. Ramamoorthi. ...Petitioners/Accused No.2 to 5
/vs/
State, through the Inspector of Police
Abiramam P.S.,
in Cr.No.124/2024 ...Respondent/Complainant

Petition dated: 11.09.2024 U/s.482 BNSS to grant anticipatory bail.

This petition is coming on this day for hearing before me, in the presence of

Thiru.T.M.Arunkannan., B.A., B.L., Learned Counsel for the petitioners and

Thiru.B.Karthikeyan, B.A., B.L., Learned Public Prosecutor for the State and upon

hearing both sides arguments, this Court passed the following:

ORDER

The petitioners are the accused in Cr.No.124/2024 of the respondent P.S. The

petitioners who apprehend arrest at the hands of the respondent police for the alleged

offences U/s. 303(2) BNS and 21(1) MMDR Act, have filed this petition seeking to

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release them on anticipatory bail.

2.. The prosecution case is that, at the time of police patrolling on 26.08.2024

and found that the petitioners and other have illegally transported one unit of river

sand in a Tractor bearing Reg.No.TN 25 S 7364 along with trailer without getting

any permission from the concerned authorities. All the accused are same family

members. Properties involved in this case have been secured. Hence the charge.

3. The learned Counsel for the petitioners has submitted the petitioners have

been falsely implicated in this case. Material part of the witnesses have already been

examined. No previous case is pending against the petitioners. In these

circumstances, if the petitioners are released on bail, there is no prejudice will cause

to the prosecution side. Hence this petition is to be allowed.

4. The learned Public Prosecutor has contended that totally 5 accused

involved in this case. The petitioners are arrayed as A2 to A5. A1 was already

released on bail by this court in Cr.M.P.No.3488/2024 dated 06.09.2024. All the

accused have illegally transported one unit of river sand in a Tractor along with trailer

without getting any permission from the concerned authorities. The properties

involved in this case have already been secured. Material part of the witnesses have

already been examined.

5. Considered the submissions made by both side Counsels. On perusal of

petition averments, FIR and reply of the respondent police, it is found that the

occurrence took place on 26.08.2024 and FIR registered on the same day. Totally 5

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accused involved in this case. The petitioners are arrayed as A2 to A5. A1 was

already released on bail by this court in Cr.M.P.No.3488/2024 dated 06.09.2024. All

the accused have illegally transported one unit of river sand in a Tractor along with

trailer without getting any permission from the concerned authorities. The

properties involved in this case have already been secured. Material part of the

witnesses have already been examined. Further more one previous case is pending

against the 1st petitioner. No previous case is pending against petitioners. The

learned Public Prosecutor has not raised any serious objection to release the

petitioner. Nature and circumstances, release of Co-accused are considered by this

Court and come to the conclusion that the petitioners are entitled to get anticipatory

bail with the following conditions:

i) that in the event of arrest of the petitioners by the respondent police or

on their surrender before the learned District Munsif-Cum-Judicial Magistrate,

Kamuthi within 15 days from the date of this order and on such arrest or surrender

the petitioners are ordered to be enlarged on anticipatory bail on their execution of a

bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two surities

for a like sum each to the satisfaction of the learned Judicial Magistrate concerned ; If

the petitioners/accused are not surrendered within 15 days from the date of this order,

this anticipatory bail order stand cancelled automatically;

ii) Before execution of bond, the petitioners shall pay a sum of Rs.2,500/-

each (Rupees Two Thousand Five Hundred only) as non-refundable deposit to

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the Credit of District Mediation Centre, Ramathapuram ;

iii) that the petitioners shall produce undertaking affidavit that they shall

not involve in similar type of offence in future at the time of furnishing sureties;

iv) that the sureties shall affix their photographs and Left Thumb Impression in

the surety bond and the Magistrate may obtain a copy of their Aadhaar card or Bank

pass book to ensure their identity;

v) that the petitioners shall report and sign before the learned District Munsif-

Cum-Judicial Magistrate, Kamuthi daily twice at 10.30 a.m and 5.00 p.m until

further orders and on further condition that they shall make available themselves

for interrogation as and when required by the investigation Officer;

vi) that the petitioners shall not tamper with evidence or witness either during

investigation or trial;

vii) that the petitioners shall not abscond either during investigation or trial;

viii) that on breach of any of the aforesaid conditions, the learned

Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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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ix) If the accused thereafter absconds, a fresh FIR can be registered U/s.229 A

IPC.

Pronounced by me in open court, this the 19th day of September 2024.

Digitally signed
by S
S KUMARAGURU
KUMARAGURU Date:
2024.09.19
20:11:38 +0530

Principal Sessions Judge,

Ramanathapuram.
19.09.2024
Copy sent through e-mail:

To
The District Munsif-Cum-Judicial Magistrate, Kamuthi,
The Public Prosecutor, Ramanathapuram,
The Inspector of Police, Abiramam P.S.,
The Petitioners through their Counsel.
The District Mediation Centre, Ramanathapuram.