Sakthivel v. State Rep.By, 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.20235 of 2025 Sakthivel ... Petitioner -VsThe State represented by, The Inspector of Police, Gudimangalam Police Station, Gudimangalam Post, Tiruppur District.

(Crime No.386 of 2024) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S / 438 of Cr.P.C., to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No.386 of 2024 on the file of the respondent.

For Petitioner :

Mr.Veerasekaran.D For Respondent :

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

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Section 303(2) B.N.S and 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.386 of 2024, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner had illegally transported 4 unit of ordinary stone in a Tipper Lorry bearing Registration No.TN 36 BA 7077. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence. He would also submit that without prejudice, the petitioner is prepared to deposit an amount of Rs.5,000/- 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 petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent Police would submit that the petitioner had illegally transported 4 unit of ordinary stone in a Tipper Lorry bearing Registration No.TN 36 BA 7077. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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

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6. In order to curb the illegal activities, this Court is of the opinion that the petitioner shall deposit a sum of Rs.5,000/- as non refundable deposit to "The Registered Advocate Clerk Association, Tiruppur District", without prejudice to his rights and contentions before the trial Court.

7. Merely, because the petitioner deposits the said amount, it would not amount to admission of his 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 petitioner has prepared to deposit Rs.5,000/- to any welfare scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

9. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- by way of Demand Draft/RTGS/NEFT to "The Registered Advocate Clerk Association, Tiruppur District", without prejudice to his 3/6

rights and contentions before the trial Court, on such deposit and production of proof, 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 Judicial Magistrate No.2, Udumalaipettai, Tiruppur District, on condition that the petitioner 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 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 is directed to report before the respondent police on every Saturday at 10.30 a.m. for a period of eight weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during 4/6

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.

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, Gudimangalam Police Station, Gudimangalam Post, Tiruppur District.

2. The Judicial Magistrate No.2, Udumalaipettai, Tiruppur District.

3. The Public Prosecutor, High Court of Madras. T.V.THAMILSELVI,J., 5/6

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