D Premkumar v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6940 of 2025 1.D.Premkumar 2.C.Sathyamoorthi .. Petitioners Vs.
The State rep by The Inspector of Police, Pennalurpet Police Station, Thriuvallur District.
(Crime No.48 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime No.48 of 2025 on the file of the respondent Police.
For Petitioners : M/s.V.Bhagyaraj 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 Sections 303(2), 326(a) of BNS Page No.1 of 6
Act r/w Section 21(i) of Mines and Minerals (Development & Regulation) Act in Crime No.48 of 2025, seek anticipatory bail. 2.
The case of the prosecution is that the petitioners had illegally transported 6 units of river sand.
3.
The learned counsel appearing for the petitioners submitted that the petitioners are innocent; that they have been falsely implicated in this case and prayed for anticipatory bail to the petitioners. 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 2 previous cases against the 1st petitioner and he is on bail in those cases and the 2nd petitioner has no bad antecedents. 5.
Taking note of the facts and circumstances of the case, the nature of allegations, submissions made by the learned counsels on either Page No.2 of 6
side, the fact that the contraband was seized, the 1st petitioner is on bail in the other cases and the 2nd petitioner has no bad antecedents and since, 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 their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned Judicial Magistrate cum District Munsif Court, Uthukottai, Thiruvallur District, on condition that the petitioner shall execute a 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. Page No.3 of 6
[b] the petitioners shall appear before the respondent police twice a week 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.
11.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, Pennalurpet Police Station, Thriuvallur District
2. The Learned Judicial Magistrate cum District Munsif Court, Uthukottai, Thiruvallur District 3.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 6
SUNDER MOHAN , J.
dpa Crl.O.P.No.6940 of 2025 11.03.2025 Page No.6 of 6