Gnanavelan v. The State Rep By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
1. Gnanavelan, M/A 41 years S/o. Venkatachalam, No.203, Perumal Malai Adivaram, Vellalakundam Post, Vazhapadi Taluk, Salem District.
2. Rajkumar, M/A 31 years S/o. Murugan No.5/156, Kamaraj Nagar, Mettupatti Post, Vazhappady Taluk, Salem District.
... Petitioners vs.
State rep by The Inspector of Police, Hasthampatty Police Station, Salem City.
(Crime No.88 of 2026) ... Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent police in Crime No.88 of 2026.
For Petitioners:
Mr.E. Aneesh Vinayak For Respondent:
Mr.S. Balaji Government Advocate (Crl. Side)
ORDER
The petitioners / accused Nos.1 and 2, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023, in connection with Crime No.88 of 2026, seek anticipatory bail.
2. The case of the prosecution is that, the petitioners, who are the owner and driver of the tipper lorry bearing Registration No.TN 46 K 0642, on 17.04.2026, had transported 3 units of gravel sand in the said lorry without valid license.
3. The learned counsel for the petitioners submitted that the petitioners were falsely implicated in the above case and that they are innocent and no way connected with the said offence. Hence, prayed for anticipatory bail.
4. The Learned Government Advocate (Criminal Side) reiterated the prosecution case and would submit that there is no previous case pending as against the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, the nature of
offences charged against the petitioners, quantity involved and the fact that no previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.III, Salem, on condition that each 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 learned Magistrate concerned and on further condition that:
[a] the petitioners shall report before the respondent police, on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.
[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[c] the petitioners shall not leave India without the previous permission of the Court;
[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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
13.05.2026 bga/dh 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.
P.DHANABAL, J.
bga/dh To
1. The Judicial Magistrate No.III, Salem.
2.The Inspector of Police, Hasthampatty Police Station, Salem City.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.12025 of 2026 13.05.2026