Daniel v. The State Rep By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Daniel ... Petitioner Vs.
State by Tamil Nadu, The Sub Inspector of Police, Shankar Nagar Police Station, Chennai.
... Respondent (Crime No.67 of 2025) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail on event of arrest in Crime No.67 of 2025 on the file of the respondent police. For petitioner : Mr.R.Sasikumar 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 BNS Act r/w Section 21(1) Mines and Minerals (Development and Regulation) Act, in Page No.1 of 6
Crime No.67 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on 30.01.2025, while the respondents were on regular patrol duty, they found that the petitioner along with other accused were transporting 2 unit of Sand in lorry, without any license. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has been falsely implicated in this case. He would further submit that there are no previous cases pending against the petitioner; and that in any case, the custodial interrogation is not required for the purpose of investigation. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and on instructions submitted that the contraband was seized from the petitioner. Hence, he opposed for granting anticipatory bail to the petitioner.
5. Heard the learned counsel appearing for the petitioner, the learned Page No.2 of 6
Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the nature of allegations; that no previous cases are pending against the petitioner; and since 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.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif Cum Judicial Magistrate, Pallavaram on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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 Page No.3 of 6
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 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.
07.02.2025 Page No.4 of 6
Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No dpa To 1.The Sub Inspector of Police, Shankar Nagar Police Station, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
3.The District Munsif Cum Judicial Magistrate, Pallavaram SUNDER MOHAN, J.
dpa Page No.5 of 6
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