Krishnamoorthy v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Krishnamoorthy S/o. Sengodagoundar ... Petitioner / Accused Vs State rep. by:- The Inspector Of Police, Komarapalayam Police Station, Namakkal District.
... Respondent [Cr. No.28 of 2025 ] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.28 of 2025 on the file of the respondent police. For Petitioner : Mr. Camyles Gandhi.W.
For Respondent : Mr. S. Balaji, Government Advocate [Criminal side]
ORDER
The petitioner / Accused, who apprehends arrest in the hands of 1/6
the respondent police for the offences punishable under Section 303(2) of B.N.S. in connection with the case in Crime No.28 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had illegally transported Gravel in a Tipper lorry bearing Registration No.TN48 AF 3937.
3. Learned counsel for the petitioner would contend that the materials were seized; that the petitioner is the driver and owner of the vehicle and he is using Gravel for agricultural purpose only and he has not committed any offence; that he has no previous cases; that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), per contra, would submit that the respondent police seized the gravel and the vehicle.
5. Heard the learned counsel for the petitioner and the learned 2/6
Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of allegations, there is no previous case pending against the petitioner, the contraband was seized by the respondent police and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Komarapalayam on condition that the petitioner shall execute a 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 3/6
conditions that:
[a] the petitioner 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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner 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 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].
[g] If the accused thereafter abscond, a fresh FIR can be registered 4/6
under Section 269 B.N.S.
10.02.2025 mjs To 1.The Judicial Magistrate, Komarapalayam
2. The Public Prosecutor, High Court, Madras.
3. The Inspector Of Police, Komarapalayam Police Station, Namakkal District.
SUNDER MOHAN. J., mjs 5/6
10.02.2025 6/6