Balamurugan v. State Rep.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 1.Balamurugan 2.Shanmuga Sundaram ... Petitioners Vs.

State Rep. by The Inspector of Police Ammapet Police Station Salem City Police. (Crime No.137 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioners on bail in Crime No.137 of 2025, on the file of the respondent police.

For Petitioner : Mr.S.Sathish For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioners/A1 & A2, who were arrested and remanded to judicial custody on 13.02.2025, seeking bail in Crime No.137 of 2025 registered for the offence under Sections 303(2) of the BNS/379 of IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957.

2.The case of the prosecution is that the petitioners were found to have 1/4

illegally transported four units of gravel sand. 3.Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in custody from 13.02.2025 and they are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners. 4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the case of the prosecution. He further submitted that the petitioners are having no previous cases against them.

5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available.

6.Considering the nature of allegations, period of incarceration, the quantity of contraband seized in this case and the fact that the petitioners have no bad antecedents and since further custody is not required for the purpose of interrogation, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand 2/4

only) each, with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Salem, and on further conditions 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; [b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 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 of B.N.S 03.03.2025 sai 3/4

SUNDER MOHAN, J.

sai To 1.The Judicial Magistrate No.V, Salem.

2.The Inspector of Police Ammapet Police Station Salem City Police.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

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