Arul v. State By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P. No.1304 of 2025 1.Arul 2.Gunasekaran ... Petitioners Vs.
State rep. by The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.
... Respondent [Crime No.6 of 2025] PRAYER: Criminal Original Petitions filed under Section 482 of BNSS, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.6 of 2025, on the file of the respondent. For Petitioners :
Mr.P.M.Jayachandran For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 303(2) of BNS r/w 21(1) of
Mines and Minerals (Development & Regulation) Act 1957, in Crime No.6 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners illegally transported one piece of stone in vehicle bearing Registration No.TN-52-J-4069 without any valid permit or bill issued by the State Government. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners are an innocent person and they have not committed any such offence as alleged by the prosecution. The petitioners have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit the petitioners illegally transported one piece of granite stone without any valid permit or bill issued by the State Government. Hence, he opposed for grant of anticipatory bail to the petitioners.
5.Considering the representations made by both sides and considering the nature of offences charged against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the Judicial Magistrate, No.1, Hosur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each 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 petitioners shall report before the respondent police daily at 10.30 A.M. until further orders.
[b] 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 of the Court or to any police officer.
[c] the petitioners shall not leave India without the previous permission of the Court.
[d] the petitioners shall not abscond either during investigation or trial.
[e] the petitioners shall make himself/herself available for interrogation by a police officer as and when required. [f] 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]. [g] If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
17.01.2025 rst/at
To, 1.The Judicial Magistrate No.I, Hosur.
2.The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.
3.The Public Prosecutor, High Court of Madras.
G.R.SWAMINATHAN, J.
rst/at Crl.O.P. No.1304 of 2025 17.01.2025