Gajendiran 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 Crl.O.P.No.15450 of 2025 Gajendiran ... Petitioner -vsThe State Represented by, The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

(Crime No.242 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 by the respondent police in Crime No.242 of 2025 pending investigation on the file of Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

For Petitioners :

Mr.A.Vivek For Respondent :

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 303(2) of BNS Act, 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.242 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on receipt of information, the respondent police had gone for inspection in the Sendanadu Village and found that the petitioner/A2 along with other accused has illegally transported river sand in a bullock cart. 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 has illegally transported one-fourth units of river sand, 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. 2 / 6

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 Court-II, Ulundhurpet, 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 conditions that:

(a) the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non-refundable deposit through RTGS /NEFT/cash/demand draft in favour of The Dean, Stanley Government Medical College and Hospital, Chennai, bearing A/c.No.39219285071, State Bank of India, Old Jail Road, Stanley Hospital, IFSC:SBIN0001476, without prejudice to his defence before the trial court and the learned Judicial Magistrate Court-II, Ulundhurpet, after perusing 3 / 6

the challan/receipt, shall accept the sureties furnished by the petitioner; (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 Court-II, Ulundhurpet, on every Monday to Friday at 10.30 a.m., and thereafter report before the respondent police on every 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 4 / 6

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.

21.05.2025 gv/jai "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." 5 / 6

N.SENTHILKUMAR,J gv/jai To 1.The learned Judicial Magistrate Court-II , Ulundhurpet. 2.The Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

(Crime No.242 of 2025) 3.The Public Prosecutor, High Court, Madras.

21.05.2025 6 / 6