Elumalai v. State, Rep. By The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Elumalai Petitioner(s) Vs State Rep. by, The Sub Inspector of Police, Katpadi Police Station, Vellore District.

(Crime No.57 of 2026) Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.57 of 2026 on the file of the respondent police. For Petitioner(s):

Mr.R.Prathapkumar For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326 of BNS Act, in Crime No.57 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, on 12.03.2026, during a vehicle check conducted by the respondent police, it was found that the petitioner, along with others transported 10 units of river sand in a lorry without valid licence. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner has been arrayed as A2 and that he was only working as the driver of the lorry. He further submitted that the petitioner is an innocent person and has been falsely implicated in this case and is ready to abide by any stringent conditions imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner. He further submitted that no previous case is pending against the petitioner.

5.

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

6.

Considering the rival submissions made by the learned counsel on either side, the nature of the offence, and further taking note of the fact that the petitioner is only the driver of the lorry and that no previous case is pending against him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Walajapet, 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 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;

[b] 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; [c] the petitioner shall not tamper with evidence or

witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not leave India without the prior permission of the Court.

[f] 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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 2023.

14-05-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate No.I, Walajapet.

2. The Sub Inspector of Police, Katpadi Police Station, Vellore District.

(Crime No.57 of 2026)

3. The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

jd 14-05-2026