Venus v. The State Is Represented By Its Inspector Of Police.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6630 of 2025 Venus .. Petitioner/A2 Vs.
The State rep by The Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District.
(Crime No.17 of 2025)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest at the hand of the respondent police in Crime No.17 of 2025 pending on the file of the Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District.
For Petitioner : M/s.R.Venkatesan For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326 of the Page No.1 of 6
Bharatiya Nyaya Sanhita (BNS) in Crime No.17 of 2025, seeks anticipatory bail.
2.
The case of the prosecution is that the petitioner along with other accused had illegally transported three units of river sand in a tipper lorry bearing Reg.No.TN 37 BR 1165. Hence, the case. 3.
The learned counsel appearing for the petitioner/A2 submitted that the petitioner is innocent; that he has been falsely implicated in this case and prayed for anticipatory bail to the petitioner. 4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that there is one previous case against the petitioner and he is on bail in that case; and that the contraband has been seized.
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5.
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 was seized, the petitioner is on bail in the other case 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. 6.
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 on which the order copy is made ready, before the Judicial Magistrate, Vaniyambadi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and Page No.3 of 6
the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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.
10.03.2025 Index : Yes / No Internet : Yes / No dk To 1.The Inspector of Police, Vaniyambadi Town Police Station, Page No.4 of 6
Thirupathur District.
2. The Judicial Magistrate, Vaniyambadi.
3.The Public Prosecutor, Madras High Court, Chennai.
SUNDER MOHAN , J.
dk Page No.5 of 6
Crl.O.P.No.6630 of 2025 10.03.2025 Page No.6 of 6