Vijay v. State By Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.05.2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Vijay ... Petitioner vs.

State rep by The Sub-Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

(Crime No.04 of 2026) ... Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S. Act, 2023 to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.04 of 2026 on the file of the respondent police. For Petitioner:

Mr.Anbharasu A For Respondent:

Mr.S. Balaji 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), 326(a) of Bharatiya Nyaya Snhita (BNS) (can be compared to Sections 378 and 430 of Indian Penal Code) and Section 21(5) of Mines and Minerals (Development & Regulation) 1/6

Act, 1957 in connection with Crime No.04 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported 1/4 unit of river sand by using four wheel bullock without any valid permission. Hence, the case was registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The Learned Government Advocate (Criminal Side) reiterated the prosecution case and would submit that no previous case pending as against the petitioner. Further, he would submit that the respondent police seized the sand and the vehicle. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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

6. Considering the rival submissions made by both side counsel, nature of offence, quantity involved and the fact that there is no previous case pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

2/6

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 Judicial Magistrate, Cheyyar on condition that each of 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, every Saturday at 10.00 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 them 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 as laid 3/6

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.

14.05.2026 vsn/vji 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.

4/6

To

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

3. The Public Prosecutor, High Court, Madras.

5/6

P.DHANABAL, J.

vsn/vji Crl.O.P.No.12738 of 2026 14.05.2026 6/6