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Madras High CourtCRL OP/13833/2026granted

Babu v. State Rep By The Inspector Of Police

2026-05-27Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-05-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Babu S/o. Selvam, No.209, Melpatti Road, Ulli Village, Gudiyatham Taluk, Vellore District ..Petitioner(s) Vs State rep by the Inspector of Police Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.

(Crime No.101 of 2026) ..Respondent(s) Criminal Original Petition is filed under Section 482 BNSS to enlarge the petitioner on bail in the event of their arrest in Crime No.101 of 2026 on the file of the Inspector of police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District and thus render justice. For Petitioner(s):

Mr. G.Vinodh Kumar For Respondent(s):

Mr.S.Yogaraja Sekar Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 303(2), 326 of BNS, Act in Crime No.101 of 2026 on the file of the respondent Police, seeks anticipatory

bail.

2.The learned counsel for the petitioner, pleading innocence on the part of the petitioner and false implication in the case, seeks indulgence of this Court. He submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore he prayed to grant anticipatory bail to the petitioner.

3. The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that on 19.05.2026 at about 06.00 hrs, A2 had illegally transported 4 units of Morambu Sand without having valid permit. He further submitted that the petitioner is the owner of the aforesaid vehicle and he is arrayed as A1 and the co-accused (A2) is still in jail.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate, Gudiyatham, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only)

with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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;

[b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders; [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] 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

27.05.2026 Index: Yes/No Speaking/Non-speaking order ssi/KSA-2

Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on 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, Gudiyatham

2. The Inspector of Police Gudiyatham Taluk Police Station, Gudiyatham, Vellore District

3. The Public Prosecutor, Madras High Court.

MOHAMMED SHAFFIQ, J.

ssi/Ksa-2 27-05-2026