Kaniyappan Velaiyankiri v. The State Of Taml Nadu Through The,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12070 of 2025

1. Kaniyappan Velaiyankiri

2. Mohan Kumar

3. Guruprasath Raju

4. Suriyaprakash Duraiyan .. Petitioners Vs.

The State of Tamil Nadu through The Inspector of Police, Gomangalam Police Station, Coimbatore.

(Crime No.62/2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.62/2025 on the file of the respondent Police.

For Petitioners : Mr.Deepan Uday For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) Page No.1 of 6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS - (379 of IPC and Section 21 (1) of Mine and Minerals (Development and Regulation) Act 1957 in Crime No.62/2025, seek anticipatory bail. 2.

The case of the prosecution is that the petitioners had illegally transported 6 units of Gravel Sand in Tipper Lorry without valid licence. 3.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent; that they have been falsely implicated in this case and prayed for anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the sand illegally transported by the petitioners was seized. Page No.2 of 6

5.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.

Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, the fact that the contraband was seized and since custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on the certain conditions.

7.

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 is made ready, before the Judicial Magistrate - II, Pollachi, Coimbatore, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to Page No.3 of 6

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 daily at 10.30 a.m., until further orders.

[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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS.

23.04.2025 Index : Yes / No Internet : Yes / No gbi Page No.4 of 6

To 1.The Inspector of Police, Gomangalam Police Station, Coimbatore.

2.The Judicial Magistrate-II, Pollachi, Coimbatore.

3.The Public Prosecutor, Madras High Court, Chennai.

Page No.5 of 6

SUNDER MOHAN , J.

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