Venkadesan v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.10082 of 2025 Venkedesan S/o. Chinnasami ....Petitioner/Accused-1 Vs The State represented by The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

(Crime No.190 of 2025) ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.190 of 2025, on the file of the respondent police.

For Petitioner : Mr. Parameswaran, S.

For Respondent : Mr. S. Balaji Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS, 2023 and Section 21(1) of the Mines and Minreals (Development and Regulation) Act, 1957 (379 of IPC), in Crime No.190 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, on 26.03.2025, the second accused was found illegally taking 3 units of gravel sand using a JCB bearing Registration No.TN32AV4379 and a Tipper lorry bearing Registration No.TN88L2554; that the second accused had confessed that the petitioner is the owner of the said lorry. Hence, the case.

3. The learned counsel appearing for the petitioner would submit the the petitioner is innocent; that the petitioner has been falsely implicated in the case; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and prayed for anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the second accused was arrested and released on bail; that the petitioner has no previous case; and that the contraband and the vehicle were seized.

5. Considering the fact that the petitioner has no previous case ; that the contraband was seized; and that the second accused has been arrested and released on bail, and since custodial interrogation of the petitioner is not required for 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 made ready, before the learned Judicial Magistrate, Sankarapuram, 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 3/6

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 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 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]. 4/6

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 04.04.2025 bga To

1. The Judicial Magistrate, Sankarapuram

2. The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court, Madras. 5/6

SUNDER MOHAN, J.

bga Crl.O.P. No.10082 of 2025 04.04.2025 6/6