Balaraman v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Balaraman ... Petitioner Vs.

State rep by The Inspector of Police, Valapandal Police Station, Ranipet District.

(Crime No. 17 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.17 of 2026 on the file of the respondent police. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr. P. Dhileepan Government Advocate (Crl.Side)

O R D E R

The petitioner apprehends arrest for the alleged offence under Sections 303(2) and 326(a) of BNS, 2023 in Crime No.17 of 2026 on the file of the respondent police seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner was illegally transported 1⁄4 unit of river sand in a bullock cart. Hence, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner would submit that he is innocent and about 62 years old, and according to the prosecution, he illegally transported river sand. Hence, he prays to grant anticipatory bail to the petitioner.

4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that the allegation made by the prosecution is serious in nature as it is a greeting of ignorance. Therefore, he opposed granting anticipatory bail to the petitioner.

5.I have given my anxious consideration to either side's submissions.

6. However, considering the petitioner's age of 62 years and his occupation as a farmer, and even though there is one previous case pending against him, this Court is inclined to show some leniency towards the petitioner. Hence, the petitioner is enlarged on anticipatory bail, subject to certain conditions.

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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 (15) days from the date on which the order copy is made ready, before the learned District Munsif cum Judicial Magistrate, Arcot, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself 3/5

as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

04.03.2026 DRL To 1.The District Munsif cum Judicial Magistrate, Arcot.

2.The Inspector of Police, Valapandal Police Station, Ranipet District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN.J.

DRL Crl.OP.No.5454 of 2026 04.03.2026 5/5