R Eeswaramoorthi Moorthi v. The State Rep By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN R.Eeswaramoorthi @Moorthi ... Petitioner /Accused Vs.
The State rep. by Inspector of Police, Vennandur Police Station, Namkkal District.
... Respondent/ Complainant (Crime No.21 of 2025) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to grant anticipatory bail to the petitioner in the event of arrest in Crime No.21 of 2025 by the respondent Police. For petitioner : Mr.N.Chinnaraj For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of the BNS, 2023 in Crime No.21 of 2025, on the file of the respondent police, seeks Page No.1 of 9
anticipatory bail.
2. The case of the prosecution is that while the respondent police were on regular patrol, they intercepted a JCB vehicle bearing Registration No.TN-34-U-6820. On seeing the police officials, the accused attempted to escape from the place. The respondent police then seized the vehicle along with one unit of river sand, worth about Rs.6000/-. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and have been falsely implicated in this case and that in any case, since the material has been seized, custodial interrogation of the petitioner is not required for the purpose of investigation. Therefore, he prays for grant of anticipatory bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, submitted that the accused was found to be allegedly involved in illegal possession of one unit of river sand in a Tipper Lorry. He would Page No.2 of 9
further submit that no previous case of a similar nature is pending against the petitioner.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioners, without prejudice to his defense and contention, are ready and willing to deposit an amount of Rs.5,000/- as non-refundable deposit to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of anticipatory bail to the petitioners.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
7. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioner is directed to to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to "District Legal Services Authority, Namakkal", without prejudice to the right of defence before the Trial Court and making it clear that it would not Page No.3 of 9
amount to admission of guilt.
8. Considering the nature of allegation; there is no case pending against the petitioners; the petitioner is willing to deposit an amount of Rs.5,000/- as non-refundable deposit to any welfare scheme; and that custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
9. Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.5,000/- directly to the credit of "District Legal Services Authority, Namakkal", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial Magistrate, Rasipuram, on condition that the petitioner shall execute a bond for sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the Page No.4 of 9
satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, 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 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., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 Page No.5 of 9
learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala reported in [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
03.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.6 of 9
To
1. Inspector of Police, Vennandur Police Station, Namkkal District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Learned Judicial Magistrate, Rasipuram.
4. District Legal Services Authority, Namakkal.
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SUNDER MOHAN, J.
skr Page No.8 of 9
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