Raja v. State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI 1.Raja 2.Vadivelu 3.Mani 4.Saravanan Petitioners/A2 -A5 Vs.
The State represented by, The Inspector of Police, Somangalam Police Station, Kancheepuram District.
(Crime No.83 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioners on bail, in Crime No.83 of 2025 on the file of the respondent Police.
For Petitioners : Mr.V.Manimaran For Respondent : M/s.J.R.Archana Government Advocate (Crl.Side) 1/6
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 18.04.2025, for the offences punishable under Sections 303(1) and 326 of BNS, 2023 r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.83 of 2025, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners were found in illegal transportation of 5 units of river sand in two lorries and that two JCB vehicles have been seized from the accused. Hence the complaint.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners were arrested and are in judicial custody from 18.04.2025. He would submit that the contraband has been seized. He would further submit that the petitioners, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.50,000/-, 2/6
to any welfare scheme of the Government or any other organization. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners were found in illegal transportation of 5 units of river sand. Hence, he opposed for the grant of bail.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to jointly deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) as non-refundable deposit, to the credit of Manolaya, Home for Mentally Ill Destitute, Bank Name: Indian Overseas Bank, Branch: Kottaram, IFSC Code: IOBA0000253, Account Name: Manolaya, Account No.025302000000284, UPI ID: 6379484925@okbizicici, Gpay:9443307196, without prejudice to the right 3/6
of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
7. Further, considering the nature of allegations, the period of incarceration undergone by the petitioners, the fact that the contraband was seized and since further custody of the petitioners is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners, subject to certain conditions.
8. Accordingly, the petitioners are ordered to be released on bail on their executing 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 Judicial Magistrate, Sriperumbudur, and on further conditions that :- [a] the petitioners shall report before the respondent police, everyday at 10.30 a.m., for a period of three months and thereafter as and when required for investigation;
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[b] the petitioners shall not commit any offences of similar nature.
[c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Judicial 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 08.05.2025 ata/ep Note :
1.Registry is directed to forthwith upload this order in the official website of this Court.
2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
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L.VICTORIA GOWRI , J.
ata/ep TO 1.The Judicial Magistrate, Sriperumbudur.
2.The Inspector of Police, Somangalam Police Station, Kancheepuram District.
3.The Superintendent of Prison, Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
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