Balathandautham v. The State Rep. By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Balathandautham ...petitioner/Accused-1 Vs.
State rep by The Inspector of Police, Pudupalayam Police Station, Tiruvannamalai District.
(Crime No.34 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in the event of her arrest by the respondent police in Crime No.34 of 2025 on the file of the respondent police.
For petitioner :
Mr.E.Sathiyaraj For Respondent :
Mr.S.Santhosh, Government Advocate (Crl. Side) Page No.1 of 6
ORDER
This Criminal Original Petition has been filed by the petitioner, who apprehends arrest at the hands of the respondent, seeking anticipatory bail in Crime No.34 of 2025 registered for the offence under Sections 303(2) BNS read with Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957.
2.The case of the prosecution is that, the petitioner had illegally transported gravel soil in a Tipper Lorry bearing Reg. No.TN-20-CY-7909.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; that he has no bad antecedents and since custodial interrogation of the petitioner is not required for the purpose of investigation, he sought for grant of anticipatory bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no bad antecedents.
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5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the nature of allegations, the fact that the contraband was seized and 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 of receipt of copy of this order, before the learned Judicial Magistrate, Chengam, 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:
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[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 petitioner shall report before the respondent Police daily 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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
04.03.2025 rkp Page No.4 of 6
Copy to:
1.The Inspector of Police, Pudupalayam Police Station, Tiruvannamalai District.
2.The Judicial Magistrate, Chengam, Tiruvannamalai District.
3.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
rkp 04.03.2025 Page No.6 of 6