Shanmugam Murthi @ Murthi v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR CRL OP No. 15139 of 2025 Shanmugam Murthi @ Murthi Petitioner(s) Vs State Represented by, The Inspector of Police, Arambakkam Police Station, Thiruvallur District.

(Crime No.74 of 2025) Respondent(s) For Petitioner(s) : Mr.S.Sasikumar For Respondent(s) : Mr.V.Meganathan Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.74 of 2025 on the file of the Respondent.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 303(2), 326(a) of BNS, in Crime No.74 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police 1 / 6

conducted a search, wherein they found that the petitioner was illegally transported 1/2 unit of river sand in a tractor without valid permit. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case. He further submitted that the petitioner is the owner cum driver of the tractor and he is no way connected with the alleged offence; that there is no specific overt act attributed against the petitioner. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner was illegally transported 1/2 unit of river sand in a lorry without any permission. He further submitted that the vehicle and the contraband have been seized; that the petitioner has no previous case against him.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing 2 / 6

to deposit an amount of Rs.5,000/- 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.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. 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 nonrefundable deposit of Rs.

5,000/- [Rupees Five Thousand Only] directly to the credit of "Advocate Bar Association, Thiruvallur", 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 District Munsif cum Judicial Magistrate, Gummidipoondi, on condition that the petitioner shall execute a bond for a sum of Rs.

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] 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 any one of identify proofs to ensure their identity;

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of 30 days;

[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 4 / 6

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 registered under Section 269 of BNS.

drl 16-05-2025 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 Inspector of Police, Arambakkam Police Station, Thiruvallur District.

2. The District Munsif cum Judicial Magistrate, Gummidipoondi.

3. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR , J.

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CRL OP No. 15139 of 2025 16.05.2025 6 / 6