S.Anthonyraj v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. S.Anthonyraj

2. C.Velmurugan Petitioners Vs State Rep by, The Inspector of Police Sankar Nagar Police Station, Chennai.

Crime No.300 of 2025.

Respondent PRAYER To enlarge the petitioners on bail in the event of their arrest in connection with Crime NO.300 of 2025 on the file of respondent police. For Petitioners:

Mr.Thiyagarajan For Respondent:

Mr.Vinoth Raja Government Advocate (crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) BNS & 21(1) of Mines

& Minerals (Development & Regulation) Act, 1957, in Crime No.300 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners were involved in illegal transportation of 3 units of M sand in a lorry bearing Registration No.TN-21-AD-2702. Hence, this case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case; that the petitioners had never committed any offence as alleged by the prosecution; that the petitioners, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.25,000/- to any welfare scheme of the Government or any other organization and ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners have no previous cases; and that investigation is pending, hence opposed the grant of anticipatory bail to the petitioners. 5.Taking note of the facts and circumstances of the case, the nature of allegation against the petitioners, submissions made by the learned counsels on either side and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners. Taking into consideration the voluntary submission made by the petitioners offering to deposit a considerable amount to any charitable organization or association, this Court is of the opinion that as one of the conditions for grant of anticipatory bail, the petitioners may be directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of The Dean, Adyar Cancer Institute, Chennai without prejudice to his rights and contentions before the Trial Court.

6.

Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.

600011049 and to produce the Bank Challan before the District Muncif cum Judicial Magistrate, Pallavaram and on such deposit and on receipt of proof of payment, 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 District Muncif cum Judicial Magistrate, Pallavaram on condition that the petitioners shall execute a separate bond for a sum of Rs.

further conditions that:

[a] the petitioners 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 petitioners shall report before the respondent police daily at 10.00 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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 BNS.

12-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Rep BY, The Inspector of Police Sankar Nagar Police Station, Chennai.

Crime No.300 of 2025.

2.The District Muncif cum Judicial Magistrate, Pallavaram.

3.The Public Prosecutor, High Court of Madras, Chennai-104.

M.NIRMAL KUMAR J.

gbi CRL OP No. 16560 of 12-06-2025