Sathish Kumar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Sathish Kumar ... Petitioner Vs.

State, Rep. by the Inspector of Police Tirunavalur Police Station, Ulundurpet, Kallakurichi District.

(Crime No.92 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of arrest Crime No.92 of 2025, on the file of the respondent Police.

For Petitioner : Mr.S.Saravanakumar For Respondent : Mr.S.Leonard Arul Joseph Selvam 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 r/w 21(1) of MMDR Act, 1957 in Crime No.92 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally 1/5

transported 3 units of pebbles.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case and prayed for anticipatory bail for the petitioner. 4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that there are four previous cases against the petitioner for IPC offences and he is on bail in those cases.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is 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 petitioner. 6.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and 2/5

perused the materials available on record.

7.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the contraband were seized and that the petitioner is on bail in the other cases, and the petitioner is willing to deposit an amount of Rs.5,000/- as nonrefundable deposit to any welfare scheme; this Court is of the view that, custodial interrogation is not required for the purpose of investigation, and is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.5,000/- [Rupees Five Thousand Only] directly to the credit of "District Legal Services Authority, Kallakuruchi", 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 II, Ulundurpet, Kallakurichi District, on condition that the 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 3/5

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 condition 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.

[b] the petitioner shall report before the respondent police as and when required for interrogation.

[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.

[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 B.N.S.

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SUNDER MOHAN, J.

ars To 1.The Judicial Magistrate II, Ulundurpet, Kallakuruchi District.

2.The Inspector of Police Tirunavalur Police Station, Ulundurpet, Kallakurichi District.

3.The Public Prosecutor, High Court of Madras.

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