Baskaran B v. The State, Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Baskaran.B 2.Hadipa Garadia ... Petitioners Vs.

The State Rep. by The Inspector of Police, Katpadi Police station, Vellore District.

(Crime No.139 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.139 of 2026 pending investigation on the file of the respondent police. For Petitioners : Ms.A.Pavithra Priyadarshini For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 303(2) and 326(a) of BNS, 2023, in Crime No.139 of 2026 on the file of the respondent police seek anticipatory bail. 1/6

2. The allegation against the petitioners is that they were involved in the illegal transportation of 8 units of river sand without any valid permit or licence by using a tipper lorry, and that they were caught red-handed by the respondent police. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioners. However, he opposed the grant anticipatory bail to the petitioners.

5. Taking into consideration of the totality of the circumstances and the fact that the petitioners have no previous cases, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 2/6

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Katpadi, on condition that the each of the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) The petitioners/accused are directed to produce a demand draft for a sum of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand Only) [Each Rs.65,000/-] in favour of 'The Chairman / District Collector, The District Mineral Foundation Trust of Vellore District', (Non refundable) before the learned Judicial Magistrate Katpadi; 3/6

(d) On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector. Upon receipt of the said amount, the District Collector shall realise and utilise the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025.

(e) The petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

(f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(g) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act.

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To 1.The Judicial Magistrate, Katpadi.

2.The Inspector of Police, Katpadi Police station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN, J.

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