Gude Gopichand v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.05.2026

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Gude Gopichand ... Petitioner Vs.

State, represented by Inspector of Police, Pathirivedu Police Station, Thiruvallur District.

(Crime No.67 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of his arrest in connection with Crime Number 67 of 2026 on the file of the respondent Police.

For Petitioner : Mr.S.Thirugnanam For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner / accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303 (2) & 326(a) of the BNS, 2023 and Section 21 (1) of Mines and Minerals (Development & Regulation) Act, 1957 in connection with the Cr. No.67 of 2026 seek anticipatory bail.

2. On 27.03.2026, the defacto complainant, namely the Assistant Director of the Department of Geology and Mining, while she was conducting a vehicle inspection along with other officials, found three Taurus lorries in illegal possession of 50 MT of boulders. The officials intercepted the vehicles, arrested the accused persons, and seized the vehicles involved in the offence. Based on the confession statements of the accused, the petitioner was also implicated and arrayed as an accused in Crime No.67 of 2026.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, and he has been falsely implicated by the respondent police and he is in no way connected with the offences as alleged by the prosecution. He further submitted that there is no previous case pending against him.

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4. Learned Government Advocate (Criminal Side) would submit that on the date of the alleged occurrence, when the Assistant Geologist, Geology and Mining Department, Thiruvallur, along with the other officials, inspected the place of occurrence, the accused persons were found to be transporting 50 MT of Boulders in a three Taurus and based on the confession statement, the petitioner is also arrayed an accused. He further submitted that during investigation, it was revealed that the accused were transporting 50 MT of Boulders without any valid permission; and that the petitioner has no previous case, pending against him. However, he strongly objected to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of offences and that the quantity of material involved in this case and the fact that no previous cases are pending against petitioner, and also considering all other factors, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions. 3/6

7. Accordingly, the petitioner is ordered to be released on 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 District Munsif cum Judicial Magistrate, Gummidipoondi 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 learned Magistrate concerned and on further condition that: [a] the petitioner 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 petitioner 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the petitioner shall not leave India without the previous permission of the Court;

[d] the petitioner 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 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 4/6

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 rkp/lpp 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.

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P.DHANABAL, J.

rkp/lpp To

1. The District Munsif cum Judicial Magistrate, Gummidipoondi.

2. The Inspector of Police, Pathirivedu Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras.

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