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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Santhoshkumar ... Petitioner -vsThe State Represented by, The Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No.529 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.529 of 2025 on the file of respondent police pending investigation.

For Petitioner :

Mr.N.Ponraj For Respondent :

Mr.A.Gopinath, Government Advocate (Crl.Side) ********

ORDER

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 303(2) of BNS Act, 2023 (Old Section 379 of IPC) r/w 21(1) Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.529 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that petitioner was found in illegal transportation of 25 MT Normal Stones in a vehicle bearing Registration No. TN 66 AE 5766, without proper license. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner have illegally transported 25 MT Normal Stones, without any valid permission from the competent authority and no previous cases pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, 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 before the learned Judicial Magistrate, 2/6

Palladam, on condition that the petitioner shall execute a 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of The Dean / Medical Officer, Government Stanley Medical College Hospital, Chennai within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

(b) if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; (c) the sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d) the petitioner shall report before the learned Judicial Magistrate, Palladam Monday to Friday at 10.30 a.m and thereafter report 3/6

before the respondent police Saturday and Sunday at 10.30 a.m until further orders;

(e) 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;

(f) the petitioner shall make himself available for interrogation by a Police office as and when required;

(g) 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;

(h) the petitioner shall not abscond either during investigation or trial; (i) 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]; (j) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

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21.05.2025 rna "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." To 1.The learned Judicial Magistrate, Palladam.

2.The Inspector of Police, Palladam Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

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N.SENTHILKUMAR,J rna 21.05.2025 6/6