Ramya v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN 1.Ramya 2.Vasanth
...Petitioners/Accused
Vs.
State through The Inspector of Police, J-3, Guindy Police Station, Chennai.
(Crime No.24 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS, to enlarge the petitioners on anticipatory bail in the event of his arrest in connection with Crime No.24 of 2025 pending on the file of the respondent police.
For Petitioner :
Mr.R.Parthiban For Respondent :
Mr.K.S.Mohandoss Public Prosecutor (Puducherry) Page No.1 of 7
ORDER
The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of B.N.S. read with Section 21(1) of Mines and Minerals Act in connection with the case in Crime No.24 of 2025, seek anticipatory bail.
2. The case of the prosecution is that the petitioners were found to be in illegal possession of ordinary soil in a vehicle bearing Registration No.TN-14-Y-1841, without any permit. Hence, the case.
3. Learned counsel for the petitioners would contend that the material objects have been seized and that the custodial interrogation is not required in this case and that no previous case is pending against the petitioner and hence prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side), per contra, would submit that the properties have been seized and that no previous is Page No.2 of 7
pending against the petitioners.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the fact that the contraband was seized, nature of allegations and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the IX Metropolitan Magistrate Court, Saidapet, Chennai District, on condition that each petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed and on further Page No.3 of 7
conditions that:
[a] the petitioners and 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. [c] the 1st petitioner shall appear before the respondent police as and when required for interrogation and the 2nd petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[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 accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
12.02.2025 ata Page No.4 of 7
To 1.The IX Metropolitan Magistrate Court, Saidapet, Chennai District.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, J-3, Guindy Police Station, Chennai. Page No.5 of 7
SUNDER MOHAN, J.
ata CRL O.P. No.3342 of 2025 12.02.2025 Page No.6 of 7
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