K.Chandran, v. The State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN K.Chandran ... Petitioner

Versus

The State by Inspector of Police, Poolampatti Police Station, Salem District.

(Cr.No.25 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.25 of 2025 on the file of respondent Police.

For Petitioner : Mr.A.Saravanan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) *****

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and Section Page No.1 of 6

303(2) of BNS, in Crime No.25 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the Village Administrative Officer of Pakkanadu Village, Salem along with other officers had gone for inspection near Poolampatti Valavu, where it is found that the petitioner was illegally transporting soil in his vehicle bearing Regn.No.TN-32-H-5537 and two vehicles without soil bearing Regn.Nos.TN-37-BP-2553 and TN-22-CA-4745. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent and has not committed any offence as alleged by the prosecution. He further submits that the petitioner is ready to abide any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that though there is no previous cases against the petitioner, the quantity of gravel sand involved is four units. Hence, he vehemently opposed for grant of anticipatory bail to the Page No.2 of 6

petitioner.

5. Considering the facts and circumstances of the case that sand involved is Gravel sand and the fact that petitioner has no bad antecedents and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 District Munsif cum Judicial Magistrate, Edapadi, 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 Page No.3 of 6

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 as and when required for interrogation;

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

[d] the petitioner 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 Page No.4 of 6

1.The District Munsif cum Judicial Magistrate, Edapadi.

2.The Sub Inspector of Police, Poolampatti Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

G.K.ILANTHIRAIYAN, J.

sp 14.07.2025 Page No.6 of 6