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Madras High CourtCRL OP/703/2026granted

Rasanth v. The State Rep.By, The Sub Inspector Of Police,

2026-01-12Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL. OP. No.703 of 2026 Rasanth ....Petitioner Vs The State Represented by The Sub-Inspector of Police, Bagayam Police Station Vellore District Crime No.339 of 2025.

..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.339 of 2025 on the file of the respondent police.

For Petitioner: Mr.Sriram For Respondent: Ms.J.R.Archana, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 303(2), 326 (a) of BNS and 21(1) of Mines and Minerals (Development & Regulation) Act 1957 in Crime No.339 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that while the respondent police was on regular patrol, found that the petitioner was illegally transported 8 units of river sand from Bahuda river, Chittoor to Andhra Pradesh in a lorry without any valid license. Hence the complaint was registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case. He further submitted that he is ready and willing to abide by any conditions that may be imposed by this Court. Therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police reiterated the prosecution case and submitted that the investigation in this case is still pending. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Earlier this court had dismissed the bail application of the petitioner in Crl.OP.No.33523 of 2025 vide order 11.12.2025. After

dismissal of the said bail application, co-accused of the petitioner who is ranked as A4 namely Kumar was granted anticipatory bail by this court in Crl.OP.No.34973 of 2025 vide order dated 02.01.2026.

6. Considering the submissions made by learned counsel on either side and change in circumstances and on the report that all the accused are arrested and released on bail and no previous case pending against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate -I, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of

K.RAJASEKAR, J., gv their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12.01.2026 To:1. The Sub-Inspector of Police, Bagayam Police Station Vellore District 2.The Public Prosecutor High Court of Madras. CRL OP NO.703 of 2026