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Madras High CourtCRL OP/11693/2026granted

Basker @ Baskaran v. State By,

2026-05-07Honourable Mrs.Justice L.Victoria Gowri4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

1. Basker @ Baskaran

2. Vijay ..Petitioner(s) Vs State by, Inspector of Police, Arcot Taluk Police station, Ranipet District.

Cr.No.72 of 2026.

..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS Act, 2023, seeking to enlarge the petitioners on bail in the event of arrest by the respondent police in Cr.No.72/2026 on the file of the respondent police. For Petitioner(s):

Mr.Thirumoorthy D For Respondent(s):

Mr.A.Gopinath Govt. Advocate (Crl. Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 303(2) and 326(a) of BNS, 2023 (379 and 430 IPC), in Crime No.72 of 2026 on the file of the respondent police seek anticipatory bail. 2.The case of the prosecution is that during the routine inspection, the petitioners were found to be illegally transporting 4 bags of river sand in their

two wheeler. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate with the investigation.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and objected for the grant of anticipatory bail.

5. Considering the facts and circumstances of the case, this petition may be considered positively with a stringent condition. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arcot on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each,

with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fail to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The petitioners shall jointly deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) (Non refundable) to the CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the Judicial Magistrate, Arcot and the receipt shall be produced at the time of executing the bond;

(c) The sureties shall affix their photographs and left thumb impression in the application for surety ship (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;

(d) The petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

L.VICTORIA GOWRI, J.

nvi /kas (e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(f) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

07-05-2026 nvi / kas To.

1.Judicial Magistrate Arcot 2.Inspector of Police, Arcot Taluk Police station, Ranipet District.

3.The Public Prosecutor High Court of Madras Chennai 600 104