Navamani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.1317 of 2026 Navamani ... Petitioner Vs The State Rep by The Inspector of Police, Natrampalli Police Station, Natrampalli, Tirupattur District ( Crime No.2 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail in Crime No.2 of 2026 pending on the file of the Respondent Police.

For Petitioner(s) :

Mr.G. Vinodh Kumar For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.01.2026 for the alleged offence under Sections 281, 125(a), 106(1), 303(2), 326(a) of Bns r/w 21(1) of Mines and Minerals ( Development & Regulation) Act 1957 in Crime No.2 of 2026 on the file of the respondent police, seeks bail.

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2. The case of prosecution is that the petitioner who is the owner of the tippler lorry had transported the river sand illegally and also driven the vehicle in a rash and negligent manner and hit against two persons, due to which one person injured and the other person died. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and was in judicial custody since 01.01.2026. He further submitted that the petitioner is not the owner of the alleged vehicle and Rc Book stands in the name of the other accused and ready to cooperate with the investigation. Hence, the learned counsel prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and, upon instructions submitted that this is not only the case of illegal transportation of sand and due to the rash and negligent driving of the petitioner one person was injured and the other person died. He further submitted there is no previous case pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. I have heard the learned counsel on either side and also perused the materials available on record.

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6.Considering the facts and circumstances of the case, and also taking note of the submission made by the learned Government Advocate (Crl.Side) and the nature of the allegations and there is no previous case pending against the petitioner, considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.III, Thirupattur and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

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[c] On breach of any of the aforementioned conditions,the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283] [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

22.01.2026 smn Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Judicial Magistrate No.III, Thirupattur 2.The Inspector of Police, Natrampalli Police Station, Natrampalli, Tirupattur District .

3. The Superintendent, Central Prison, Vellore

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

smn Crl.O.P. No.1317 of 2026 22.01.2026 6/6