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Madras High CourtCRL OP/20904/2025granted

Saranraj v. State, Rep. By The

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP NO.20904 of 2025 1.Saranraj 2.Muthulakshmi

...Petitioner(s)

Vs State, Rep by The Inspector of Police, Krishnapuram Police Station, Dharmapuri District.

Crime No.78 of 2025

...Respondent(s)

Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No. 78 of 2025 on the file of the respondent police.

For Petitioner(s) :

Mr.V.Sakkarapani For Respondent(s):

Mr.S.Udayakumar, Government Advocate (Crl.Side) 1\7

ORDER

The petitioners who apprehend arrest for the alleged offences under Sections 303 of BNS and 21(1) of Mines & Minerals (Development and Regulation) Act, 1957 in Crime No. 78 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners had illegally transported 1 unit of Kinatrukal in a Tractor. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners is an innocent person and he is no way connected with the alleged offence. He would also submit that without prejudice, the petitioners are prepared to deposit an amount of Rs.10,000/- as nonrefundable 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 2\7

Police would submit that the petitioners had illegally transported 1 unit of Kinatrukal in the Tractor. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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 that the petitioners shall deposit a sum of Rs.10,000/- as non refundable deposit to "The Registered Advocate Clerk Association, Dharmapuri District", without prejudice to his rights and contentions before the trial Court.

7. Merely, because the petitioners deposit 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 3\7

made by the learned counsel and also taking note of the fact that the petitioners have prepared to deposit Rs.10,000/- to any welfare scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

9. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- by way of Demand Draft/RTGS/NEFT to "The Registered Advocate Clerk Association, Dharmapuri District", without prejudice to his 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-II. Dharmapur, 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 petitioners and the sureties shall affix their 4\7

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 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 B.N.S.

09-09-2025 mps 5\7

To 1.The Judicial Magistrate No.II, Dharmapuri.

2.The Inspector of Police, Krishnapuram Police Station, Dharmapuri District.

3.The Public Prosecutor, Madras High Court, Chennai.

Note:

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.

6\7

T.V.THAMILSELVI, J.

mps CRL OP NO.20904 of 2025 09.09.2025 7\7