Deva @ Devarajan v. The State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Deva @ Devarajan S/o. Deventhiran, Mariyamman Kovil Street, Nachiyarpettai, Kozhai,Cuddalore District ..Petitioner(s) Vs The State Rep. by Inspector of Police Kammapuram Police Station, Cuddalore District.
Crime No.69 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime NO.69 of 2026 on the file of the Inspector of Police, Kammapuram Police Station, Cuddalore District.
For Petitioner(s):
Mr. M. Selvam For Respondent(s):
MR.N. PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2), 326(a) of BNS R/W Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.69 of 2026, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner was found in illegal transportation of three bags of river sand in a two wheeler. Hence, the case.
3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner has no previous cases against him. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the nature of allegations and that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. 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, Virudhachalam-II 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 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 for a period of two weeks and thereafter as and when required for interrogation.
[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.
11-06-2026 DRL To 1.The Judicial Magistrate, Virudhachalam - II 2.The Inspector of Police Kammapuram Police Station, Cuddalore District.
3.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
DRL 11-06-2026