Ayyadurai v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.20342 of 2025 1.Ayyadurai 2.Sowbackiyam 3.Vetrivel 4.Mani 5.Selvam ... Petitioners -VsThe Inspector of Police, Deevattipatty Police Station, Salem District.

(Crime No.320 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S, to enlarge the petitioners to be enlarged on anticipatory bail in the event of their arrest in Crime No.320 of 2025 on the file of the Inspector of Police, Deevattipatty Police Station, Salem District. For Petitioners :

Mr.P.Praveen For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) **********

O R D E R

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of B.N.S R/W 1/6

Section 21(1) of M.M.Act, in Crime No.320 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally transported Graval sand without valid licence. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have no way connected with the alleged offence. He would also submit that without prejudice, the petitioners are prepared to deposit an amount of Rs.25,000/- as non- refundable deposit to any welfare scheme of the Government and he is prepared to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) for the respondent Police would submit that the petitioners have illegally transported Graval sand without valid licence. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners as well as the learned Government Advocate and perused the entire materials available on record including the First Information Report.

6. In order to curb the illegal activities, this Court is of the opinion 2/6

that the petitioners shall deposit a sum of Rs.5,000/- each as non refundable deposit to "The Registered Madras High Court Advocate Clerk Welfare Association, Chennai District", without prejudice to their rights and contentions before the trial Court.

7. Merely, because the petitioners deposits the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.

8. Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioners have prepared to deposit Rs.25,000/- to any welfare scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

9. Accordingly, the petitioners are directed to deposit a sum of Rs.25,000/- by way of Demand Draft/RTGS/NEFT to "The Registered Madras High Court Advocate Clerk Welfare Association, Chennai District", without prejudice to their rights and contentions before the trial Court, on such deposit and production of proof, 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, 3/6

before the learned Judicial Magistrate, Omalur, Salem District, on condition that the petitioners shall execute separate 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 their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners 1, 3, 4 and 5 are directed to report before the respondent police on every Saturday at 10.30 a.m. for a period of eight weeks and the 2nd petitioner is directed to report before the respondent police as and when required;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the 4/6

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 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.

08.09.2025 nvi 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 Inspector of Police, Deevattipatty Police Station, Salem District.

2. The Judicial Magistrate, Omalur, Salem District.

3. The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI,J., 5/6

nvi Crl.O.P.No.20342 of 2025 08.09.2025 6/6