Tatabirla v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Tatabirla Petitioner(s) Vs The State rep. by The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.
Cr.No.154/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the petitioner on Anticipatory bail event of their arrest in connection with the Cr.No.154/2025 on the file of the respondent Police. For Petitioner:
Mr.D.Anandan For Respondent(s):
Mr.S.Udayakumar Government Advocate Crl.side
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326 of BNS, in Crime No.154 of 2025 on the file of respondent police, seeks anticipatory bail.
2. The case of prosecution is that on 02.07.2025 the petitioner seized 1 unit of river sand in Tractor without proper permission. Hence this case.
3. The learned counsel appearing for petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner seized 1 unit of river sand without any permits and there is no previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten Thousand only) as non-refundable deposit to the credit of registered Advocates Clerks Association at Vellore District, and on such deposit, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham, Vellore District, and on further conditions that: (a) 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 shall report before the respondent police every Saturday at 10.30 a.m. for the 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 State rep. by The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.
Cr.No.154/2025 2.The Judicial Magistrate, Gudiyatham, Vellore District.
3.The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI J.
gbi CRL OP No. 21363 of 10-09-2025