Suriya Kumar v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 3089 of 2025 Suriya Kumar S/o Kumar No.08,Jaibeem Street, Sathuvachari, Vellore District.
Petitioner(s) Vs The State Rep by, The Inspector of Police, Sathuvachari Police Station, Vellore District, (Crime No 27 of 2025).
Respondent(s) For Petitioner(s):
K.Sathish Kumar M.Sathish Kumar S.Raja Ravi Varma D.Ajith Kumar B.Karthik R.Lokeshwaran A.Prabhakaran For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)
ORDER
The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) & 326 of BNS, 2023 in Crime No.27 of 2025, on the file of the respondent police, seeks anticipatory bail.
1/6
2. The case of the prosecution is that while the respondent police were on regular patrol, they intercepted a two wheeler bearing Registration No.TN23-DB-5701. On seeing the police officials, the accused attempted to escape from the place. The respondent police then seized the vehicle along with 3 bags each 50 kgs of river sand. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he has 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 in illegal possession of 3 bags each 50 kgs of river sand in a two wheeler. He would further submit that five previous cases of a similar nature are pending against the petitioner.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defence and contention, is ready and 2/6
willing to deposit an amount of Rs.10,000/- 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 petitioner.
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 petitioner, the petitioner is directed to to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to "District Legal Services Authority, Vellore", without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
8. Considering the nature of allegation; the petitioner is willing to deposit a sum of Rs.10,000/- 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.
3/6
9. Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.10,000/- directly to the credit of "District Legal Services Authority, Vellore", 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 No.V, Vellore, Vellore District, 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 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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial. 4/6
[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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
07.02.2025 Index : Yes / No Internet : Yes / No rpl To
1. The Inspector of Police, Sathuvachari Police Station, Vellore District 2.The Public Prosecutor, Madras High Court, Chennai.
5/6
SUNDER MOHAN , J.
rpl Crl.O.P.No.3089 of 2025 07.02.2025 6/6