M. Mohammed Billal v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.03.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN M. Mohammed Billal ... Petitioner / Accused Vs State rep. by:- The Inspector Of Police, T-4 Madhuravoyal Police Station, Chennai-600 095.
... Respondent [Cr. No.253 of 2025 ] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.253 of 2025 on the file of the respondent police. For Petitioners : Mr.C. Mohan Raj For Respondent : Mr. S. Balaji, Government Advocate [Criminal side]
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2) 1/6
of B.N.S. read with Section 21(1) of Mines & Minerals (Development & Regulation) Act in connection with the case in Crime No.253 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused had illegally transported gravel stone (Jalli stone) in a lorry bearing Registration No.TN18-BF-3879.
3. Learned counsel for the petitioner would contend that the allegations against the petitioner are false; that he has been falsely implicated in this case; that he has no bad antecedents and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), on instructions, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, submitted that contraband has been seized and confirmed that the petitioner has no bad antecedents.
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5. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the contraband has been seized, the petitioner has no bad antecedents and since, the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Poonamallee, Chennai-600 123 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 conditions that:
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[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 report before the respondent police everyday 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.
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24.03.2025 mjs To 1.The Judicial Magistrate No.II, Poonamallee, Chennai-600 123.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector Of Police, T-4 Madhuravoyal Police Station, Chennai600 095. SUNDER MOHAN. J., mjs 5/6
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