Suresh v. State, Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.5609 of 2025 J.Suresh
...Petitioner/Accused
Vs.
The State rep by The Inspector of Police, Melapatti Police Station, Vellore District.
(Crime No.20/2025)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.20 of 2025 on the file of the respondent police.
For Petitioner : Mr.V.Manimaran For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate(Crl.Side) Page No.1 of 7
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) and 326(a) of the BNS Act, 2023 [379 and 430 of the IPC] in Crime No.20 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had illegally transported one unit of sand in a lorry without a valid license. Hence, the case.
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 to the petitioner.
4. The 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 Page No.2 of 7
that the petitioner has no bad antecedents.
5. Taking note of the facts and circumstances of the case, the nature of the allegations, the submissions made by the learned counsels on either side, the fact that the contraband was seized, and the fact that the petitioner has no bad antecedents, and since 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. 6.
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 on which the order copy is made ready, before the learned Judicial Magistrate, Gudiyatham, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 condition that: Page No.3 of 7
[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 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. [e] 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
28.02.2025 Index : Yes / No Internet : Yes / No dk Page No.4 of 7
To 1.The Inspector of Police, Melapatti Police Station, Vellore District.
2.The Judicial Magistrate, Gudiyatham.
3.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 7
SUNDER MOHAN , J.
dk Crl.O.P.No.5609 of 2025 Page No.6 of 7
28.02.2025 Page No.7 of 7