S.Sankar Subramani v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2026
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.
S.Sankar Subramani Rajasekar Ravi ... Petitioners Vs.
State represented by, The Inspector of Police, Kandili Police Station, Vellore District.
(Crime No.118 of 2026) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent in Crime No.118 of 2026 on the file of the respondent. For Petitioners : Mr.R.Parthiban For Respondent : Mr.P.Dhileepan Government Advocate (Criminal Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent Police for the offences under Sections 305(e) and 326(a) of BNS, in Crime No.118 of 2026 on the file of the respondent police, seek anticipatory bail.
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The case of the prosecution is that the accused had illegally transported three units of river sand in his tipper lorry without any permission. Hence the case.
3.
Learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioners. 4.
Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioners. He further submitted that there is no previous case against the petitioners. 5.
At this juncture, the learned counsel for the petitioners submitted that the petitioners, without prejudice to their defense and contention, are ready and willing to deposit an amount of Rs.45,000/- as non-refundable deposit to any welfare scheme of the Government or any organization.
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6.
Heard both sides and perused the materials available on record.
7.
On considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.45,000/- jointly as non-refundable deposit to the credit of the "District Mineral Foundation Trust", without prejudice to their rights and contentions before the trial Court.
8.
Merely because the petitioners deposit the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently. 9.
Considering the above facts and circumstances of the case and the nature of allegation and also taking note of the fact that custody 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.
10. Accordingly, the petitioners shall deposit a sum of Rs.45,000/- (Rupees Forty Five Thousand only) to the credit of "District Mineral Page No.3 of 6
Foundation Trust, Vellore" and on such deposit and production of proof, 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, Tirupattur, on condition that the petitioners shall execute a 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 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 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
[c] the petitioners shall not abscond during during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; Page No.4 of 6
[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 of B.N.S.
30.04.2026 ham To 1.
The Judicial Magistrate No.II, Tirupattur.
The Inspector of Police, Kandili Police Station, Vellore District.
3.
The Public Prosecutor, High Court, Madras.
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G.K.ILANTHIRAIYAN , J.
ham 30.04.2026 Page No.6 of 6