Shanmugamohan v. State Rep. By

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.16679 2025 Shanmugamohan ... Petitioner Vs.

The State represented by, The Inspector of Police, Kariyapattinam Pudur Police Station, Nagapattinam District.

Crime No.143 of 2024 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.143 of 2024 on the file of respondent Police. For Petitioner :

Mr.Palanivel Nadimuthu For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303 (2) BNS Act and 21 (4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.143 of 2024, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that, the petitioner was found in illegal 1/6

transportation of 1 unit of ordinary sand. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent persons and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

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 petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/6

7. Accordingly, the petitioner 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 District Munsif Cum Judicial Magistrate, Vedaranyam, 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 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 petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) (Non refundable) towards 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 3/6

receipt shall be produced at the time of executing the bond; [c] the petitioner 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 petitioner shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] the petitioner 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 petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

26.06.2025 ep 4/6

To 1.The District Munsif Cum Judicial Magistrate, Vedaranyam.

2.The Inspector of Police, Kariyapattinam Pudur Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

ep Crl.O.P.No.16671 of 2025 26.06.2025 6/6