Selvamani v. The State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.5747 of 2025 S.Selvamani .. Petitioner Vs.

The State rep by The Inspector of Police, Aladi Police Station, Cuddalore District.

(Crime No.31/2025) .. Respondent 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 Crime No.31 of 2025 on the file of the respondent Police. For Petitioner : M/s.Karthikeyan Vajjiram For Respondent : Mr.S.Santhosh 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) and 326 of BNS r/w Page No.1 of 6

Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.31 of 2025, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner along with other accused had illegally transported 3 units of Gravel Sand in a Tipper Lorry without valid licence . Hence, the case. 3.

The learned counsel for the petitioner would submit that the petitioner is innocent; that he has been falsely implicated in this case and prayed for granting 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 that the petitioner has no bad antecedents.

5.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

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6.

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 was seized, 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. 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 on which the order copy is made ready, before the learned Judicial Magistrate No-II, Virudhachalam, Cuddalore District, 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: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a Page No.3 of 6

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.

03.03.2025 Index : Yes / No Internet : Yes / No dpa To Page No.4 of 6

1.The Inspector of Police, Aladi Police Station, Cuddalore District.

2.The Learned Judicial Magistrate No-II, Virudhachalam, Cuddalore District.

3.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN , J.

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