Yuvaraj v. The State Rep.By Its, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 4595 of 2025 Yuvaraj
...Petitioner/Accused
Vs.
The State Rep. by The Inspector of Police, Kannamangalam Police Station, Tiruvannamalai District.
(Crime No.80 of 2025)
...Respondent/Complainant
Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.80 of 2025 on the file of the respondent police.
For Petitioner : Mr.E.Sathiyaraj Elangovan 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 Sections 303(2) and 326 of BNS 2023 (379, 430 of IPC and Section 21(1) of MMDR Act, 1957) in Crime No.80 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/5
2.
The case of the prosecution is that the petitioner was illegally transporting 3 units of gravel soil in a tipper lorry. Hence, this case.
3.
Learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case; that the petitioner had never committed any offence as alleged by the prosecution; that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and prayed for anticipatory bail to 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 submitted that the petitioner has no previous case.
5.
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.
6.
Taking into consideration the facts and circumstances of the case, considering the nature of offence, the fact that the petitioner has no previous cases and since, custodial interrogation is not required, 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 Judicial Magistrate, Arni, Tiruvannamalai District, 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 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 Bank pass Book to ensure their identity;
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[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.
21.02.2025 ars 4/5
SUNDER MOHAN, J.
ars To 1.The Inspector of Police, Kannamangalam Police Station, Tiruvannamalai District.
2. The Public Prosecutor, Madras High Court, Chennai.
3.The Judicial Magistrate, Arni, Tiruvannamalai.
Crl.O.P. No.4595 of 2025 21.02.2025 5/5