R.Selvan v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. R.Selvan S/o.Reshanu, Door No.345, Puthu Kalani, Sengunam Village, Thiruvannamalai District. and another

2. Vinoth S/o.Selvan, Door No.345, Puthu Kalani, Sengunam Village, Thiruvannamalai District Petitioner(s) Vs The State Rep. by the Inspector of Police Polur Police Station, Thiruvannamalai District. Crime No.234 of 2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest in respect of Crime No.234 of 2025, on the file of the Inspector of Police, Polur Police Station, Thiruvannamalai District, pending investigation . For Petitioner(s):

Mr.Viswanathan SB For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326 (a) of BNS, 2023 read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.234 of 2025 on the file of respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 24.07.2025, the petitioners illegally transported quarter unit of river sand in a bullock cart. Hence, this case.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. However, on instructions he further submitted that without prejudice to their rights and contentions, the petitioners are prepared to deposit/pay some considerable amount as may be directed by this court. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent police objected for the grant of anticipatory bail to the petitioners stating that the petitioners illegally transported quarter unit of river sand.

5. Considering the above facts and circumstances of the case and also considering the submissions of the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Polur, Thiruvannamalai District, on condition that the petitioners shall deposit a sum of Rs.3,000/- each (Rupees Three Thousand each) as non-refundable deposit to the credit of the registered Advocate Clerks Association, Thiruvannamalai and the petitioners shall also execute a 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 shall report before the respondent police on every Saturday at 10.30 a.m. for the 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 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Judicial Magistrate Polur, Thiruvannamalai District

2. The Inspector of Police Polur Police Station, Thiruvannamalai District.

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 11-09-2025