G.Selvakumar v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.No.7172 of 2025 G.Selvakumar

...Petitioners/Accused 4

Vs.

State rep by The Inspector of Police, Negamam Police Station, Coimbatore District.

(Crime No.49 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioners on bail in Crime No.49 of 2025 on the file of the respondent police.

For Petitioners :

Mr.N.Ponraj For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 21.02.2025, seeking bail in Crime No.49 of 2025 registered for the offence under Sections 329(3), 303(2) of BNS and Section 21(1) of Mines and Minerals (Development and Regulation) Act.

2.It is the case of the prosecution that the petitioner, who is the driver of the lorry along with the other accused had removed 20 units of gravel sand from the land belonging to one Janarthanan/defacto complainant, without his knowledge and thus committed the aforesaid offences. 3.The learned counsel for the petitioner would submit that the allegations are false; that the petitioner was engaged by the defacto complainant to remove the sand and apprehending arrest, he had accused the petitioner of the commission of the aforesaid offences; and that in any case, further custody of the petitioner is not required and sought for bail. Page No.2 of 6

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed the grant of bail. 5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the nature of allegations and the period of incarceration, this Court is of the view that further custody of the petitioner is not required. Hence, this Court is inclined to grant bail to the petitioner with certain conditions:

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate - II, Pollachi, and on further conditions that: [a] 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 B.N.S.

12.03.2025 (3/3) ata Page No.4 of 6

Copy to:

1.The Inspector of Police, G-5,Negamam Police Station, Coimbatore District.

2.The Judicial Magistrate - II, Pollachi.

3.The Superintendent of Prison, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata Crl.O.P.No.7172 of 2025 12.03.2025 (3/3) Page No.6 of 6