Sriramulu Alias Sreeramulu v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. Sriramulu @ Sreeramulu

2. Govindharaj Petitioners Vs State Rep by, Inspector of Police, Manallurpet Police Station, Kallakurichi District. Crime No.189/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to grant Anticipatory Bail to the petitioners and order to enlarge him on bail in the event of arrest in Crime No.189/2025 by the Respondent Police.

For Petitioner(s):

M/s G.Ramakrishnan For Respondent(s):

M/s.V. Meganathan Ga (crl .Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 read with Section 303(2) of BNS 2023 in Crime No.189 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are illegally transported 1 unit of savudu sand without valid license. Hence, the 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. However on instruction, he would further submit that without prejudice to his defence, the petitioners is prepared to deposit considerable amount to any charitable Organization or Association. Hence, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the

respondent police reiterated the prosecution case and opposed for granting anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.

6. Considering the submissions made by the learned counsel appearing on either sides, 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 Judicial Magistrate, Thirukovilur on condition that the petitioners shall execute a separate 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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] The petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each (Non refundable) towards the account of SRI RAMACHANDRA INSTITUTE OF HIGHER EDUCATION AND RESEARCH, Current Account maintained at Indian Bank, SRU Branch, Porur, Chennai-600 116, bearing Current Account No.471533180, IFSC Code No.IDIB000S180 and to produce the Bank Challan before the Judicial Magistrate, Thirukovilur and the receipt shall be produced at the time of executing the bond;

[b]if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[c] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to

ensure their identity;

[d] 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;

[e] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [f] the petitioners shall make himself available for interrogation by a Police office as and when required; [g]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; [h] the petitioners shall not abscond either during investigation or trial;

[i] 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];

[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

gbi 03-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State Rep by, Inspector of Police, Manallurpet Police Station, Kallakurichi District. Crime No.189/2025.

2.The Judicial Magistrate, Thirukovilur.

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 17498 of 03-07-2025