Shanmugam v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN 1.
R.Shanmugam 2.
P.Dhanapalan petitioners/A1 & A2 Vs State Rep By, The Inspector Of Police Mecheri Police Station, Salem District.
(Cr.No 94 of 2022) Respondent Prayer:
Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioners / Accused on anticipatory bail in the event of arrest in Crime No. 94 of 2022 pending on the file of the respondent police.
For petitioners: Mr.Thirumalaivasan Pachiyappan 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 21(1) of the Mines and Minerals (Development & Regulation) Act Crime No. 94 of 2022, on the file of the respondent police, seek anticipatory bail. 1/4
2.
The case of the prosecution is that the petitioners had illegally transported 3 units of gravel sand in a tipper lorry. 3.
The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case and that the petitioners have no bad antecedents. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that petitioners have no bad antecedents.
5.
Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6.
Taking note of the facts and circumstances of the case, the nature of allegations, submissions made by the learned counsels on either side, the fact that the contraband were seized, the petitioners have no bad 2/4
antecedents and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with 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 made ready, before the Principal District Sessions Judge, Salem on condition that the petitioners shall execute a separate 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 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 every day at 10:30 a.m., until further orders; 3/4
SUNDER MOHAN, J.
vca [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 of B.N.S.
07.03.2025 vca To 1.The Inspector Of Police Mecheri Police Station, Salem District.
(Cr.No 94 of 2022) 2.The Principal District Sessions Judge, Salem 3.The Public Prosecutor, High Court Madras.
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