Jayavelan v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Jayavelan S/o. Ramu, Ayyanar Kovil Street, Murugan Kudi, Tittagudi Taluk, Cuddalore District.

2. Mahadevan S/o. Chinnaiyan, Nadutheru, Murugan Kudi, Cuddalore District ..Petitioner(s) Vs State Rep By, The Inspector of Police Pennadam Police Station, Cuddalore District.

(Crime No. 288 of 2025) ..Respondent(s) PRAYER : To enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No. 288 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.D. Bennington For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl Side)

ORDER

The petitioners, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 303(2), 326(a) of B.N.S. and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in connection with the case in Crime No.288 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners transported 1 Unit of River Sand without any valid license and permit in a Tractor bearing Registration No. TN 46 8370. Hence the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and further submitted that, apart from this case, the petitioners have no other previous cases and the river sand and tractor were seized.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the nature of allegations and considering the nature and quantity of minerals involved in this case, the fact that the petitioners have no other previous cases, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tittagudi on condition that the petitioners 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 petitioners and 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. [c] the petitioners shall report before the respondent police daily at

10.00 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] 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].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

14-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/SSB

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.

To 1.The Judicial Magistrate, Tittagudi.

2.The Inspector of Police Pennadam Police Station, Cuddalore District.

(Crime No. 288 of 2025) 3.The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

MTL/SSB 14-05-2026