← Library
Madras High CourtCRL OP/19585/2025granted

T.Pradeepkumar v. The State Rep. By

2025-08-18Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN T.Pradeepkumar, M/30 years S/o Thangavel No.5/31,Karacheri Kinathukadavu Coimbatore District.

.. Petitioner/Sole Accused /versus/ The State rep.by The Inspector of Police, Chettipalayam Police Station, Coimbatore District.

(Crime No.227 of 2025) ..Respondent/Complainant 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 Crime No.227 of 2025 on the file of the Respondent Police.

For Petitioner :Mr.M.N.Balakrishnan For Respondent :Mr.L.Baskaran Govt.Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police, for the alleged offence punishable under Section 303(2) of BNS read with Section 21(1) of Mines and Minerals (Development and Regulation)Act, 1957, in Crime No.227 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the ownercum-driver of the vehicle and he is alleged to have illegally transported four units of gravel sand by a tipper lorry bearing Reg.No.TN 41 AW 2710 without any valid permit.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) states that the petitioner is alleged to have illegally transported four units of gravel sand without valid permit and the vehicle and the material have been seized 2/6

and the confiscation proceedings is initiated. He further submitted that the investigation is pending.

5.In view of the above facts, 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 his arrest or on his appearance, on or before 28.08.2025 before the learned Judicial Magistrate, Madukarai, 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 likesum 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:

(a)the petitioner shall deposit a sum of Rs.5,000/- (Rupees five thousand only) to the credit of Crime No.227 of 2025 on the file of the Judicial Magistrate, Madukarai, on or before 28.08.2025; (b)If the petitioner fails to surrender before the concerned 3/6

Magistrate on or before 28.08.2025, 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 identify proofs to ensure their identity;

(d)The petitioner shall report before the respondent police as and when required for interrogation;

(e)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 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];

(f)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

4/6

18.08.2025 ari To 1.The Judicial Magistrate, Madukarai.

2.The Inspector of Police, Chettipalayam Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

DR.G.JAYACHANDRAN,J.

ari 5/6

18.08.2025 6/6