Jayakannan v. State Rep. By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Jayakannan, S/o.Raja ... Petitioner Vs State rep. by The Sub Inspector of Police, Pullarambakkam Police Station, Thiruvallur District.

(Crime No.166 of 2025) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of BNSS, seeking to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.166 of 2025 on the file of the respondent police.

For Petitioner :

Mr.R.Sasikumar For Respondent :

Mr.S.Balaji Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 303(2), 326(a) of BNS, 2023 in Crime No.166 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. It is the case of the prosecution that the petitioner, along with other accused, have illegally transported 1⁄4 unit of river sand using Bolero Pickup without any valid permit or licence. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submitted that the co-accused has already been granted bail. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. Per contra, learned Government Advocate (Crl. Side) appearing for the respondent Police, reiterated the prosecution case and submitted that the petitioner has three previous cases of similar nature, pending against him. He further submitted that this is the second anticipatory bail application filed by the him and if he is enlarged on anticipatory bail, he may abscond and commit similar offences in the future. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner. Page No.2 of 6

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

6. Considering the submissions made by the learned counsel on either side, nature of offences, and the quantity of mineral involved in this case and also taking note of the fact that the co-accused has already been granted bail and also considering the fact that though the petitioner has three previous cases of similar nature, as he has already been granted bail in all the cases, I am inclined to grant anticipatory bail to the petitioner on 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, Thiruvallur, 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:

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[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 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.

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To 1.The Judicial Magistrate No.I, Thiruvallur.

2.The Sub Inspector of Police, Pullarambakkam Police Station, Thiruvallur District.

3.The Public Prosecutor, Madras High Court.

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P.DHANABAL, J.

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