Thanraj @ Dhanarasu 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.15555 of 2025 Thanraj @ Dhanarasu ... Petitioner vs The State Represented by, The Inspector of Police, Ramanatham Police Station, Cuddalore District.

(Crime No.110 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.110 of 2025 pending on the file of the respondent police.

For petitioner :

Mr.N. Palanisamy For Respondent :

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 303(1) and 326(a) of BNS, 2023 r/w 21(1) of the Mines & Minerals (Development Regulation) Act, 1957 in Crime No.110 of 2025, seeks anticipatory bail. 1 / 5

2. The case of the prosecution is that the petitioner was found illegally transporting 3 bags of river sand in a two wheeler, without valid permit. 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 been falsely implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found in illegal transportation of 3 bags of river sand in a two wheeler, without any valid permission from the competent authority. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

2 / 5

6. Considering the arguments from both sides, the nature of the offence, the petitioner has no previous case pending against him and also considering other relevant aspects, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, this Criminal Original Petition stands allowed and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tittakudi on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police as and when required.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either 3 / 5

during investigation or trial.

[d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023. 21.05.2025 "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." 4 / 5

N.SENTHILKUMAR,J.

Jai/gv To:

1. The Inspector of Police, Ramanatham Police Station, Cuddalore District.

2.

The Public Prosecutor, High Court, Madras.

3.

The Judicial Magistrate, Tittakudi.

Crl.O.P.No.15555 of 2025 21.05.2025 5 / 5