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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR CRL. O.P.NO.15295 of 2025 1.

Kishore.N Vasanth.R ... Petitioners Vs The State Rep by, The Inspector of Police, SIPCOT Police Station, Thiruvallur District.

(Crime No.135 of 2025)

...Respondent

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 135 of 2025 pending on the file of the respondent police.

For petitioners :

Mr.P.Senthil For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 305(a), 62 of the BNS (380, 511) IPC in Crime No.135 of 2025 on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that petitioners along with other accused illegally transported the river sand. Hence the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioner are an innocent person and they have not committed any such offence as alleged by the prosecution. He would also submit that they have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner are 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 petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners along with other accused illegally transported the river sand. Hence, he opposed for grant 2/6

of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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 petitioners 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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 3/6

pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police everyday at 10:30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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.

.

21.05.202 nsl/stn 4/6

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.

To:

1.

The Inspector of Police, SIPCOT Police Station, Thiruvallur District.

The District Munsif Cum Judicial Magistrate, Gummidipoondi.

3.

The Public Prosecutor, Madras High Court.

N.SENTHILKUMAR, J.

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nsl/stn CRL. O.P. NO. 15295 of 2025 21.05.2025 6/6