Guru Alias Gnanaguru v. The State Represent By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P. No.12971 of 2025 1.Guru @ Gnanaguru 2.Kalimuthu 3.Thayalnayagi ... Petitioners/A1 to A3 Vs.
The State represented byThe Station House Officer, Thirupapuliyur Police Station, Cuddalore District.
(Crime No.153 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.153 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.S.C.Vishwanth For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of BNS r/w 21(1) of Mines and Minerals Act, 1957 in Crime No.153 of 2025, seeks anticipatory bail. 1/4
2.
The case of the prosecution is that, the petitioners were illegally transporting quarter unit of river sand in a bullock cart. Hence the case. 3.
The learned counsel appearing for the petitioners submitted 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 (Crl. 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 first and second petitioners have no bad antecedents and the third petitioner has two previous cases.
5.
Considering the nature of allegations, the fact that the contraband was seized, the first and second petitioners have no bad antecedents and though the third petitioner has two previous cases, she is on bail in those cases 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.
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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 is made ready, before the learned Judicial Magistrate No.III, Cuddalore on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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 everyday 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];
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SUNDER MOHAN , J.
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
28.04.2025 Index : Yes / No Internet : Yes / No rkp To 1.The Inspector of Police, Thirupapuliyur Police Station, Cuddalore District.
2.The learned Judicial Magistrate No.III, Cuddalore.
3.The Public Prosecutor, Madras High Court, Chennai.
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