Basker v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Basker S/o.Murugesan, No.228 Road Street, Karikanthangal Post, Perumpallam, Arugavur.

..Petitioner(s) Vs State by Sub-Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

Cr.No.514 of 2025.

..Respondent(s) PRAYER : To grant anticipatory bail to the petitioner in the event of the arrest of petitioner by police for the reasons stated in the petition, in connection with the case in Cr.No.514 of 2025 on the file of the respondent police and pass such further or other orders as may be deemed fit and proper by this Hon'ble Court. For Petitioner(s):

Mr.Anbharasu A For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl Side)

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 303(2), 326(a) of B.N.S. (can be compared to Section 378 and 430 of IPC) and Section 21(5) of the Mines and

Minerals (Development and Regulation) Act, 1957 in connection with the case in Crime No.514 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner transported 1/4 Unit of River Sand without any permit in a four wheel bullock cart. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has 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 petitioner.

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 petitioner has no other previous case and the river sand and bullock cart 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 quantity and nature of the minerals involved in this case, the fact that the petitioner has no

other previous cases, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Cheyyar 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. [c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

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

[e] the petitioner 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, Cheyyar.

2.The Sub-Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

MTL/SSB 14-05-2026