C.Parthiban v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.05.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.14868 of 2025 C.Parthipan .. Petitioner Vs.
The State rep by The Inspector of Police, Villupuram Taluk Police Station, Villupuram Taluk, Villupuram District.
(Crime No.309 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.309 of 2025 on the file of the respondent police. For Petitioner : Mr.G.Tamil Selvan For Respondent : Mr.V.Meganathan Government Advocate(Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303 (2) of BNS Act r/w Section 21 (1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.309 of 2025, seeks anticipatory bail. Page No.1 of 6
2.The case of the prosecution is that the petitioner/accused had committed theft of 5 units of gravel sand in Tipper Lorry. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and the case has been falsely foisted against him by the respondent for statistical purposes. He further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner 4.The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner had theft 5 units of gravel sand in Tipper Lorry and there is no previous case against the petitioner.
5. Having heard the learned counsel for the petitioner and the learned Page No.2 of 6
Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and the petitioner is directed to make a non-refundable deposit of Rs.25,000/- [Rupees Twenty Five Thousand Only] directly to the credit of "Advocate Bar Association, Villupuram District", without prejudice to his rights and contentions 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 or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.
[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form Page No.3 of 6
No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
[c] the petitioner shall report before the respondent Police daily at 10.30 a.m until further orders;
[d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall make himself available for interrogation by a Police office as and when required;
[f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] the petitioner shall not abscond either during investigation or trial;
[h] 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];
[i] If the accused thereafter absconds, a fresh FIR can be Page No.4 of 6
registered under Section 269 of BNS.
16.05.2025 Index : Yes / No Internet : Yes / No rkp/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 the official website of this Court will be watermarked and will also have a QR code.
M.NIRMAL KUMAR, J.
Page No.5 of 6
rkp/ep To 1.The Inspector of Police, Villupuram Taluk Police Station, Villupuram Taluk, Villupuram District.
2.The Judicial Magistrate-I, Villupuram.
3.The Public Prosecutor, Madras High Court, Chennai.
Crl.O.P.No.14868 of 2025 16.05.2025 Page No.6 of 6