Senthil Kumar v. The State Represented By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Senthil Kumar .. Petitioner/Accused Vs.
The State Rep by, The Inspector of Police, Cheyyar, Tiruvannamalai District.
(Crime No.362 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest by the respondent police in connection with Crime No.362 of 2025 on the file of the respondent police. For Petitioner : Mr.M.Raja For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Page No.1 of 6
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) & 326(a) of Bharatiya Nyaya Sanhita (BNS) and Section 21(5) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.362 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had illegally transported 1/4 unit of river sand. Hence, the case.
3. Learned counsel appearing for the petitioner submits that the petitioner is innocent, has not committed any offence, as alleged by the prosecution and has been falsely implicated in this case. He would further submit that he is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent Police while opposing the grant of anticipatory bail to the Page No.2 of 6
petitioner reiterated the prosecution case.
5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, 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, Cheyyar, Tiruvannamalai, 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 proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled;
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[b] the sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
[c] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) (Non refundable) to the credit of Madras High Court Advocates Association in Account No.484072519, IFSC Code: IDIB000M157, Indian Bank, Madras High Court Branch, High Court, Chennai - 600 104 and to produce the Bank Challan before the concerned Magistrate and the receipt shall be produced at the time of executing the bond;
[d] the petitioner shall report before the respondent Police for a period of two weeks and thereafter, as and when required for further interrogation;
[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;
[f] the petitioner shall make himself available for interrogation by a Police office as and when required; [g] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to Page No.4 of 6
the directions as may be given by the Court in this regard; [h] the petitioner shall not abscond either during investigation or trial;
[i] 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];
[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
08.08.2025 cda To 1.The Judicial Magistrate, Cheyyar, Tiruvannamalai.
2.The Inspector of Police, Cheyyar, Tiruvannamalai District.
3.The Public Prosecutor, Madras High Court, Chennai.
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M.NIRMAL KUMAR, J.
cda Crl.O.P.No.21420 of 2025 08.08.2025 Page No.6 of 6