Vijay v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Vijay S/o.Babu, No.118, Pillaiyar Kovil Street, Unnamalai Samuthiram, Vellore District.

Petitioner(s) Vs State Rep.by, The Inspector of Police, Latheri Police Station, Vellore District.

(Crime No. 47 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in Crime No.47 of 2025 on the file of the respondent.

For Petitioner(s):

Mr. S. Thirugnanam For Respondent(s):

Mr. S. Balaji, Government Advocate

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326(a) of BNS, 2023 in Crime No. 47 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, the petitioner illegally transported 1 unit of river sand without any valid license. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case and prayed for anticipatory bail for the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the contraband was seized. He further submitted that out of 6 cases registered against the petitioner, four cases were already disposed and only two cases are pending.

5. Considering the nature of allegations, the fact that the contraband was seized and since the 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 of receipt of copy of this order, before the learned Judicial Magistrate, Katpadi, Vellore District on condition that the petitioner shall execute 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 said Magistrate, 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 as and when required for interrogation.

[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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25-04-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State Rep.by, The Inspector of Police, Latheri Police Station, Vellore District.

(Crime No. 47 of 2025)

SUNDER MOHAN, J.

AT CRL OP No. 12634 of 25-04-2025