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Madras High CourtCRL OP/20565/2025granted

Pushparaj, v. The State, Inspector Of Police,

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Pushparaj, S/o Munusamy, No.96,Anna Nagar, Periyavarikam Village, Thuthipet Post,Ambur Taluk, Tirupathur District635811 Petitioner(s) Vs

1. The State, Inspector of Police, Omerabad Police Station, Tirupathur District. (Crime No.237 of 2025) Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of his arrest in Crime No.237 of 2025 pending investigation on the file of the respondent Police, and thus render Justice.

For Petitioner(s):

T Dhasarathan

R.Muralikrishna For Respondent(s):

Mr. S. Udayakumar Government Advocate Crl. side

ORDER

This petition has been filed to enlarge the Petitioner on bail in the event of his arrest in Crime No.237 of 2025 pending investigation on the file of the respondent Police.

2. The case of the prosecution is that the respondent police seized 1⁄4 unit of river sand in Bullock Cart. Hence, FIR has been registered under Section 303(2) and 326(a ) of BNS, 2023 in crime No. 237 of 2025.

3. The learned counsel appearing for the petitioner submit that the petitioner has not committed any offence as alleged by the prosecution. Learned counsel prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl side) submits that petitioner respondent seized 1⁄4 units of river sand. However, vehemently opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Ambur, Tirupathur, 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 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 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 10.00 a.m for a period of 8 weeks. Further, the petitioner shall deposit a sum

of Rs.3,000/- to the credit of registered Advocate Clerks Welfare Association, Tirupathur District.

[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 petitioners 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 229A IPC. 09-09-2025 Pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Judicial Magistrate, Ambur, Tirupathur,

2. The Inspector of Police, Omerabad Police Station, Tirupathur District.

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.

T.V.THAMILSELVI J.

CRL OP No. 20565 of 09-09-2025