Venkatesan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Venkatesan ..Petitioner(s) Vs The State rep by, The Inspector of Police Vaniyambadi Taluk Police Station, Thirupathur District.

(Crime No 341 of 2025) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of pre-arrest bail to the petitioners / Accused in the event of his arrest, in Crime No 341 of 2025 on the file of the Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District and render justice.

For Petitioner(s):

Mr.S.Siddharth For Respondent(s):

Mr.S.Balaji, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner under 482 Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant an order of prearrest bail. 2.The petitioner / Accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) and

326(a) of the Bharatiya Nyaya Sanhita, 2023 in Crime No. 341 of 2025 on the file of the respondent police.

3.The case of the prosecution is that on 13.09.2025 at about 2.00 p.m., while the police were on routine rounds near the Jabrabath Bridge, they intercepted a bullock cart allegedly carrying 1/4 quarter unit of river sand without a valid permit. It is alleged that the owner of the cart fled from the scene. Hence, the case.

4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He would further submit that although this is a second application for anticipatory bail-the earlier application in Crl.O.P.No. 26202 of 2025 having been dismissed on 23.09.2025, there are changed circumstances as the investigation has substantially progressed and no previous case is pending against the petitioner. Therefore, he prayed to grant an order of pre-arrest bail to the petitioner. 5.The learned Government Advocate (Crl.Side) appearing for the respondent opposed the grant of anticipatory bail to the petitioner considering the nature of the allegations involving illegal sand mining. He, however, confirmed that no other previous case is pending against the petitioner.

6.Heard on both sides. This Court has perused the records. 7.The case of the prosecution is that the petitioner was involved in the illegal transportation of river sand using a bullock cart. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and no previous case is pending against the petitioner. 8.Considering the above facts and circumstances of the case, the nature of the offence, the fact that no previous case is pending against the petitioner, this court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

(i)The petitioner shall be released on bail in the event of arrest or in the event of surrender before the learned Judicial Magistrate, Vaniyambadi, Thirupathur District, within a period of 15 days from today, on executing a bond for a sum of Rs.105,000/- (Rupees Ten Thousand only) along with two sureties for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate, Vaniyambadi, Thirupathur District; (ii)The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of

any one of identity proofs to ensure their identity; (iii)The petitioner shall appear and sign before the respondent police, weekly twice on Monday and Friday at 10.00 a.m. until further orders; (iv)The petitioner shall make himself available for interrogation by police as and when required;

(v)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; (vi)The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioner shall not leave India without prior permission of the Court.

(viii) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

(ix)On breach of any of the aforementioned conditions, the learned

Judicial Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283]. 9.Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21-05-2026 Index : Yes/No Internet : Yes/No SHA 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. To

1. The Judicial Magistrate, Vaniyambadi, Thirupathur District.

2.The Inspector of Police Vaniyambadi Taluk Police Station, Thirupathur District.

3.The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL, J.

SHA 21-05-2026