Kumar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. Kumar

2. Manikandan ... Petitioners Vs.

State represented by, The Inspector of Police, F5-Pathirvedu Police Station, Thiruvallur District.

(Crime No.85 of 2025) ... Respondent PRAYER : Criminal Original Petition has been filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.85 of 2025 on the file of the respondent. For Petitionerx : Mr.S.Sasikumar For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent Police in Crime No.85 of 2025 registered for the offences punishable under Sections 303(2), 326(a) of BNS r/w Section 21(1) of the Mines and Minerals (Development & Regulation) Act, seek anticipatory bail.

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2. The case of the prosecution is that when the respondent and team were on their routine patrol duty, they found that the accused had illegally transported one unit of sand without any permission. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions 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 the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the above facts and circumstances of the case, submissions made by the learned counsel on either side and since, the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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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, Gummidipoondi, on condition that the petitioners 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 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 everyday at 10.30.a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioners shall not abscond during during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; Page No.3 of 4

G.K.ILANTHIRAIYAN , J.

ham [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 of B.N.S.

23.06.2025 ham To

1. The District Munsif cum Judicial Magistrate, Gummidipoondi.

2. The Inspector of Police, F5-Pathirvedu Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras.

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