Ajith v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Ajith S/o.Karuru Murugan, No. 1/63, Near Check Post, GNT Road, Tada, Nellore, Andhra Pradesh - 524 401.

..Petitioner/Accused No.2 Vs State rep by The Inspector of Police Arambakkam Police Station, Thiruvallur District.

(Crime No.103 of 2026) ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in Crime No.103 of 2026 on the file of Inspector of Police, Arambakkam Police Station, Thiruvallur District on his appearance before the concerned court. For Petitioner(s):

Mr.Sasikumar, S.

For Respondent(s):

Mr.C.R.Malarvannan Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 482 of 'Bharatiya Nagarik Suraksha Sanhita, 2023' [henceforth 'B.N.S.S'] praying to grant an order of pre-arrest bail to him.

2. The petitioner/Accused No.2 apprehend the arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2), 326(a) of BNS, 2023 and Section 21(1) of the Mines & Minerals (Development & Regulation) Act, 1959, in Crime No.103 of 2026 on the file of the respondent police.

3. The case of the prosecution is that the petitioner and his driver illegally excavated and transported 10 units of river sand from Tamil Nadu and transported the same to Andhra Pradesh. The petitioner is the owner of the vehicle bearing Registration No.AP-20-TB-8118. It is stated that the vehicle in question was seized by the respondent police. Hence, the case.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused/Accused No.1 already arrested and released on bail. Hence, he prayed to grant an order of pre-arrest bail to the petitioner.

5. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner and his driver illegally excavated and transported 10 units of river sand from Tamil Nadu and transported the same to Andhra Pradesh. The petitioner is the owner of the vehicle bearing Registration No.AP-20-TB-8118 and the vehicle was seized by the respondent police. He further submitted that the petitioner has one previous case in similar nature registered at Andhra Pradesh State. Hence, he prayed to dismiss this Criminal Original Petition.

6.Heard on both sides. This Court has perused the records. 7.Considering the cumulative circumstances and the nature of the offence alleged to have been committed by the petitioner and also with a view to give one more opportunity to the petitioner to reform himself, 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 his arrest or in the event of his surrender before the learned District Munsif-cum-Judicial Magistrate, Gummidipoondi, within a period of 15 days from the date of receipt of a copy of this order, on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), along with two sureties each for a like sum of

Rs.20,000/- to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Gummidipoondi;

(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, i.e., on every Monday and Friday at 10.00 a.m,, until further orders;

(iv) The petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand Only) as cost to the Tamil Nadu Advocate Clerk Association, Chennai (Account No.484026006, Indian Bank, High Court Branch, IFSC NO.IDIB000M157).

(v) The petitioner shall make himself available for interrogation by police as and when required;

(vi) 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; (vii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate/Trial Judge 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 5560].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22-05-2026 Index: Yes/No Speaking/Non-speaking order RSI/DH 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 District Munsif-cum-Judicial Magistrate, Gummidipoondi.

2.The Inspector of Police Arambakkam Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL, J.

RSI 22-05-2026