Nagappan v. The State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

1. Nagappan

2. Anjali Devi

3. Dhayalakrishnan

4. Thirumurugan ... Petitioner(s) /Accused 3 to 6 Vs.

The State represented by The Inspector of Police, Chitamur Police Station, Chengalpattu District.

... Respondent(s)/ Complainant Crime No.94 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.94 of 2025 on the file of the respondent police.

For petitioner(s) : Mr.S.N.Arunkumar For Respondent(s) : Mr.A.Gopinath, Page No.1 of 7

Government Advocate (Crl.Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 326(a) and 303(1) of BNS, 2023 r/w 21(1) of MMDR Act, 1957, in Crime No.94 of 2025 seeks anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported 2 units of lake sand without any permission. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent and they have been falsely implicated in this case. He further submitted that the petitioners, without prejudice to his rights, is ready to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioners.

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4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of bail to the petitioners, reiterated the prosecution case and submitted that the sand and the vehicle had been seized.

5. Heard learned counsel on either side and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, the nature of allegations, submissions made by the learned counsels on either side, and since, custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, considering the voluntary submission, the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five thousand only) as non-refundable deposit either through RTGS/NEFT/cash/demand draft in favour of "The Dean, Stanley Government Medical College and Page No.3 of 7

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 on such deposit, the petitioners are ordered to be released on 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 District Munsif cum Judicial Magistrate Court, Cheyyur, on condition that the petitioner shall execute a separate 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 condition that: [a] 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 pass Book to ensure their identity; [b] the petitioners 1, 3 and 4 shall report before the jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 10.30 Page No.

a.m., and the 2nd petitioner shall appear before the respondent police as and when required for interrogation until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 B.N.S.

22.05.2025 Index : Yes/No Page No.5 of 7

Speaking Order/Non Speaking Order Internet: Yes/No skr N.SENTHILKUMAR, J.

skr To

1. District Munsif cum Judicial Magistrate Court, Cheyyur.

2. The Inspector of Police, Chitamur Police Station, Chengalpattu District.

3. The Public Prosecutor, Madras High Court, Chennai.

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