V.Devaraj v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI V.Devaraj S/o. Velu, No.4/504, Murugan Koil Street, Chunambedu, Cheyyur Taluk, Chengalpattu District. Petitioner Vs The State Rep. by the Inspector of Police, Chunambedu POLICE STATION, Chengalpattu District. Cr.No.217/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the Petitioner on anticipatory bail in the event of his arrest by the respondent in Cr. No. 217 of 2025 on the file of the respondent herein. For Petitioner(s):
Mr.Magesh Kumar G For Respondent(s):
Mr.S.Udayakumar, Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 326(a), 303(2) of BNS, 2023, in Crime No.217 of 2025 on the file of respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 02.07.2025, the petitioner illegally transported quarter unit of river sand without any valid licence by using his bullock cart. Hence, this case.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions he would further submit that without prejudice to his right and contentions, the petitioner is prepared to deposit/pay some considerable amount as may be directed by this court. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent submitted that the petitioner without any valid permit, illegally transported quarter unit of sand by using his bullock cart. However, he submitted that there are three previous cases against the petitioner.
5. Considering the above facts and circumstances of the case, 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, Cheyyur on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees five thousand only) as non-refundable deposit to the credit of the registered Advocate Clerks Association, Chengalpattu District, within a period of two weeks from the date on which the order copy made ready and the petitioner shall also execute a 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 petitioner and the sureties shall affix 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 on every Saturday at 10.30 a.m. for the period of eight weeks.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond 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 BNS.
10-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The State Rep. by the Inspector of Police, Chunambedu POLICE STATION, Chengalpattu District.
Cr.No.217/2025No.
2.The District Munsif cum Judicial Magistrate, Cheyyur.
3.The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI J.
gbi CRL OP No. 20017 of 10-09-2025