Palani v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.16739 2025 1.Palani 2.P.Gowdham ... Petitioner Vs.
The State represented by, The Inspector of Police, Arambakkam Police Station, Gummidipoondi Taluk, Tiruvallur District.
Crime No.79 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.79 of 2025 on the file of respondent Police. For Petitioners :
Mr.S.Gopi For Respondent :
Mr.R.Vinothraja Government Advocate (Criminal Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303 (2) and 326 (a) of BNS Act 2023, 1/6
and 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.79 of 2025, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that, the petitioners were found in illegal transportation of 2 unit of Vandal sand in their tractor. Hence the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they had been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.
4.Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record. 2/6
6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Gummudipoondi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 condition that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] The petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each (Non refundable) towards 3/6
the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Union Bank of India, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFSC Code No.UBIN0814971, Branch Name and Code 814971, MICR No.600026110 and to produce the Bank Challan before the concerned Magistrate and the receipt shall be produced at the time of executing the bond; [c] the petitioners shall report before the respondent Police daily at 10.30.a.m., for a period of three weeks; thereafter as and when required for interrogation;
[d] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; 4/6
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
26.06.2025 ep To 1.The District Munsif Cum Judicial Magistrate, Gummudipoondi.
2.The Inspector of Police, Arambakkam Police Station, Gummidipoondi Taluk, Tiruvallur District.
3. The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
ep Crl.O.P.No.16739 2025 26.06.2025 6/6