Sridhar v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.10511 of 2025 Srithar S/o. Vengatesan ....Petitioner/Accused 1 Vs State represented by The Inspector of Police, Kallakurichi Police Station Kallakurichi District Crime No.845/2024 ....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 by the respondent police concerned in Crime No.845 of 2024 on the file of the respondent police. For Petitioner : Mr. T. Balachandran 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 r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.845 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, on 09.11.2024, 1 unit of gravel sand was found illegally transported in a Mini Tipper lorry bearing number TN 15 Q 8089; and that the driver of the lorry confessed that the petitioner is the owner of the lorry. Hence, the case. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent; that the petitioner was not involved in the said offence and that the petitioner is ready to furnish sufficient sureties and to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner. 2/6

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the contraband and the vehicle were seized and that the petitioner has no bad antecedents.

5. Considering, the nature of allegations against the petitioner, the fact that the petitioner has no bad antecedents, the contraband was seized, 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 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 No.I, Kallakurichi, Kallakurichi 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 3/6

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 daily 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. 08.04.2025 bga To

1. The Judicial Magistrate No.I, Kallakurichi, Kallkurichi District.

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

3. The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

bga Crl.O.P. No.10511 of 2025 08.04.2025 6/6