Sudhakar v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.13375 of 2025 Sudhakar .. Petitioner/A2 Vs.

The State rep by The Inspector of Police, Brammadesam Police Station, Thiruvannamalai District.

(Crime No.101 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest in Crime No.101 of 2025 on the file of the respondent Police.

For Petitioner : Mr.A.Tamilselvan For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) Page No.1 of 6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2), 326(a) of BNS r/w Section 21 (5) of Mines and Minerals (Development & Regulation) Act 1957 in Crime No.101 of 2025, seeks anticipatory bail. 2.

The case of the prosecution is that, the petitioner had illegally transported 10 unit of vandal sand without any permit. Hence, the case. 3.

The 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 to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that there are previous cases pending against the petitioner. Page No.2 of 6

5. At this juncture, the learned counsel for the petitioner would submit that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit an amount of Rs.10,000/- as non-refundable deposit to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of anticipatory bail to the petitioner. 6.

Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the contraband was seized, and since, 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. 7.

Accordingly, considering the voluntary submission made, the petitioner is directed to make a non-refundable deposit of Rs.10,000/- [Rupees Ten Thousan Only] directly to the credit of "District Legal Services Authority, Thiruvannamalai District", without prejudice to the right of the defence before the Trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest Page No.3 of 6

or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned Judicial Magistrate, Cheyyar, on condition that the petitioner shall execute a 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 conditions 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 daily at 10.30 a.m., until further orders.

[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 Page No.4 of 6

of Kerala [(2005)AIR SCW 5560];

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

29.04.2025 jai To 1.The Inspector of Police, Brammadesam Police Station, Thiruvannamalai District.

2.The Judicial Magistrate, Cheyyar.

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

Page No.5 of 6

SUNDER MOHAN , J.

jai Crl.O.P.No.13375 of 2025 29.04.2025 Page No.6 of 6