Iyyappan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Iyyappan ... Petitioner in Crl.O.P.No.18377 of 2025 2.Ramanujam ... Petitioner in Crl.O.P.No.18377 of 2025
Versus
State Rep by The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.
(Cr.No.404 of 2025) ... Respondent in both petitions Common Prayer : Criminal Original Petitions filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.404 of 2025 on the file of respondent Police.
For Petitioner (in both petitions) : Mr.G.Saravanabhavan For Respondent (in both petitions) : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) ***** Page No.1 of 6
COMMON ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2), 326(a) of BNS r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.25 of 2025, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners are alleged to have transported 5 unit of gravel sand by using truck without valid permit or license. Hence, the case.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent and have not committed any offence as alleged by the prosecution. He further submits that the petitioners are ready to abide any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that though there is no previous cases against the petitioners, the quantity of gravel sand involved is five units. Page No.2 of 6
Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case that sand involved is Gravel sand and the fact that petitioners have no bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. 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-1, Villupuram, on condition that each of 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 petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of Page No.3 of 6
their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the respondent Police as and when required for interrogation;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness 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. 14.07.2025 sp To 1.The Judicial Magistrate-1, Villupuram.
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2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.
3.The Public Prosecutor, High Court, Madras.
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G.K.ILANTHIRAIYAN, J.
sp 14.07.2025 Page No.6 of 6