Sathiyaraj v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
1. Sathiyaraj
2. Velayutham ... Petitioners Vs.
State rep by The Inspector of Police, Karuveppiliankuruchi Police Station, Cuddalore District.
(Cr.No.15 of 2025) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of his arrest in Cr.No.15 of 2025 pending on the file of the respondent police. For Petitioners : Mr.P. Muthamizh Selvakumar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent Police for the offences under Sections 303(2) and 326(a) of BNS Act 2023 r/w 1/6
21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.15 of 2025, on the file of the respondent, seek anticipatory bail.
2. The case of the prosecution is that the petitioners had illegally transported two bags of river sand without valid license. Hence the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He further, on instruction, submitted that without prejudice to defence, the petitioners are prepared to deposit considerable amount to any charitable Organization or Association. Hence, he prayed for grant of anticipatory bail.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the accused persons/A1 and A2 had illegally involved in the sand theft and petitioners/A3 and A4 are the helpers of A1 and A2. However, he opposed for granting anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record. 2/6
6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioners are 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 No.II, Viruthachalam, on condition that each of the petitioners shall execute seperate bonds 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 shall deposit a sum of Rs.10,000/- each (Non refundable) towards the account of Tamil Nadu Advocate's Clerk's Association, Account No.484026006, Indian Bank High Court Branch, IFSC Code: IDIB000M157 and to produce the Bank Challan before the Judicial Magistrate Court-II, Viruthachalam and the 3/6
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 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 the identity 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 abscond either during investigation or trial and they shall make themselves available for interrogation by a Police Officer as and when required; [f] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;
[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;
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[h] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitionerd released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.07.2025 Vv To 1.The Judicial Magistrate No.II, Viruthachalam 2.The The Inspector of Police, Karuveppiliankuruchi Police Station, Cuddalore District.
3.The Public Prosecutor,High Court of Madras. 5/6
M.NIRMAL KUMAR, J.
Vv Crl.O.P.No.18909 of 2025 30.07.2025 6/6