R. Anandhan v. The State Of Tamil Nadu Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.10339 of 2025

1. R. Anandhan

2. P. Vijayalakshmi Petitioners/ Accused Nos.1 & 2 Vs State of T.N. Rep. by, The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

(Crime No. 124 of 2025).

Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police concerned in Crime No.124 of 2025, on the file of the respondent police. For Petitioner(s) : Mr. Babu Varadharajan For Respondent(s) : Mr. S. Balaji, Government Advocate (Crl. Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS in Crime No.124 of 2025, on the file of the respondent police, seek anticipatory bail. 2.

The case of the prosecution is that the petitioners, who are the driver and owner of the lorry bearing Registration No.TN-28-CZ-8773 were involved in illegal transportation of 3 units of gravel sand without any valid license or permit. Hence, this case.

3.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case; that the petitioners had never committed any offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioners. 2/6

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the total quantity of gravel sand involved in this case is 3 units; and that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioners.

5.

Taking note of the facts and circumstances of the case, the nature of allegation against the petitioners, submissions made by the learned counsels on either side, the fact that the gravel sand 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 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 made ready, before the learned Judicial Magistrate No.II, Kallakurichi on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction 3/6

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.

[b] the petitioners shall report before the respondent police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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]. 4/6

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 07.04.2025 stn To

1. The Judicial Magistrate No.II, Kallakurichi.

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

(Crime No. 124 of 2025).

3. The Public Prosecutor, High Court of Madras.

5/6

SUNDER MOHAN, J.

stn Crl.O.P. No.10339 of 2025 07.04.2025 6/6