Sivakumar v. The 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.20467 of 2025 1.Sivakumar 2.M.Vediyappan ... Petitioners/A1&A2 -VsThe State rep by:

The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

(Crime No.197 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita,2023 to enlarge the petitioners on bail in the event of their arrest in respect of Crime Number 197 of 2025 on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District, pending investigation.

For Petitioner :

Mr.Viswanathan.SB 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 Sections 303(2) and 326(a) of the Bharatiya Nyaya Sanhita, 2023 read with section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.197 of 2025, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioners have illegally transported 2 units of Morrabu Soil, bearing Registration No.TN-20-CM04162 without any valid permit. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were no way connected with the alleged offence. He would also submit that without prejudice, the petitioners are prepared to deposit an amount of Rs.20,000/- as non- refundable deposit to any welfare scheme of the Government and they are 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 first petitioner had illegally transported 2 units of Morrabu Soil, bearing Registration No.TN-20-CM-04162 without any valid permit. 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.

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6. In order to curb the illegal activities, this Court is of the opinion that the petitioners shall deposit a sum of Rs.10,000/- each as non refundable deposit to "The Registered Advocate Clerk Association, Thiruvannamalai 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 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 petitioners have prepared to deposit Rs.10,000/- each 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.10,000/- each by way of Demand Draft/RTGS/NEFT to "The Registered Advocate Clerk Association, Thiruvannamalai 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 3/6

of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate's Court, Polur, Thiruvannamalai 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 are 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 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, Arni Taluk Police Station, Tiruvannamalai District.

2. The Judicial Magistrate's Court, Polur, Thiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI,J., nvi Crl.O.P.No.20467 of 2025 08.09.2025 6/6