Rajendran v. State Rep.By, The Special Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
1. Rajendran S/o. Devaraj, No. 745, Vaniyambadi, Thikuvapalayam, Thimmampettai, Vellore District.
2. U Shankar S/o Ulagaraj, No.841, Thikuvapalayam, Vaniyambadi, Thimmampettai, Thirupathur District.
Petitioner(s) Vs
1. State Rep.By, The Special Sub Inspector of Police, Thimmampettai Police station, Tirupathur District.
Crime No.11 of 2025.
Respondent(s)
PRAYER To enlarge the Petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.11 of 2025 on the file of the Spl.Sub-Inspector of Police, Thimmampettai Police Station.
For Petitioner(s):
Mr. R. Parthiban For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of BNS, 2023 in Crime No.11 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that, the petitioners illegally transported 1 unit of ordinary sand without any valid license. Hence, the case.
3. Learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they have been falsely implicated in this case and that the petitioners are ready to abide by any stringent conditions that
may be imposed by this Court, and prayed for anticipatory bail to the petitioners.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the contraband was seized. He further submitted that the petitioners have no bad antecedents.
5. Considering the nature of allegations, the fact that the petitioners have no bad antecedents, the fact that the contraband was seized and since the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on thier appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial Magistrate
Court, Vaniyambadi, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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:
[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 as and when required for interrogation.
[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 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 of B.N.S. 10-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes
SUNDER MOHAN, J.
AT To 1.State Rep.By, The Special Sub Inspector Of Police, Thimmampettai Police station, Tirupathur District.
Crime No.11 of 2025.
Crl.O.P.No.6747 of 2025 10.03.2025