Stalin v. The State By, The Inspector Of.Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Stalin ... Petitioner /Accused Vs.
State by The Inspector of Police, Thimiri Police Station, Ranipet District.
... Respondent/ Complainant Crime No.31 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.31 of 2025 on the file of the respondent police. For petitioner : Mr.V.I.Prashanth For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326(a) of BNS, 2023, in Crime No.31 of 2025, seeks anticipatory bail. Page No.1 of 7
2. The case of the prosecution is that the petitioner had illegally transported 3 units of savudu sand in a Lorry.
3. The learned counsel appearing for the petitioner 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 are 5 previous cases of similar nature against the petitioner and he is on bail in those cases.
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 cases and since, custodial interrogation of the petitioner is not required for Page No.2 of 7
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 No.I, Walajah, 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 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 twice a week at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with Page No.3 of 7
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. 12.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No Page No.4 of 7
skr To
1. The Inspector of Police, Thimiri Police Station, Ranipet District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Judicial Magistrate No.I, Walajah Page No.5 of 7
SUNDER MOHAN, J.
skr Page No.6 of 7
12.03.2025 Page No.7 of 7