Anbazhagan v. State Rep By Its, 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.5837 of 2025 1.Anbazhagan 2.Sanjai Gandhi .. Petitioners Vs.
The State rep by The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.
(Crime No.118/2025) .. 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 their arrest in Crime No.118 of 2025 on the file of the respondent Police. For Petitioners : Mr.D.Dayalan For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, 2023 and Section 21(1) of The Mines and Minerals (Development and Regulation) Page No.1 of 6
Act, 1957 in Crime No.118 of 2025, seek anticipatory bail. 2.
The case of the prosecution is that, on secret information, the respondent Police found that the petitioners had illegally transported 4 units of Normal Soil in Lorry without valid licence. 3.
The learned counsel appearing for the petitioners would submit that the petitioners are innocent; that they have 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 ancitipatory bail to the petitioner reiterated the prosecution case and on instructions submitted that the contraband has been seized from the petitioners. 5.
Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
Page No.2 of 6
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 from the petitioners and since, custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on the certain conditions.
7.
Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No- I, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners 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 petitioners shall report before the respondent police daily at Page No.3 of 6
10.30 a.m., until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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 1.The Inspector of Police, Villupuram Taluk Police Station, Page No.4 of 6
Villupuram District.
2.The Learned Judicial Magistrate No-I, Villupuram.
3.The Public Prosecutor, Madras High Court, Chennai.
SUNDER MOHAN , J.
dpa Page No.5 of 6
Crl.O.P.No.5832 of 2025 03.03.2025 Page No.6 of 6