Viji v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21830 of 2025
1. Viji
2. Nithiyananthan @ Nithyanand ... Petitioners -vsState Rep by, The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.
(Crime No.500 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to grant anticipatory bail to the petitioners and order to enlarge him on bail in the event of arrest in Crime No.500 of 2025 by the respondent police.
For Petitioners :
Mr.K.Muruganandham For Respondent :
Mr.S.Udayakumar, Government Advocate (Crl. Side) ********** 1/6
ORDER
The petitioners, who who apprehends arrest for the alleged offence punishable under Sections 303(2), 326(b) of BNS, 2023 in Crime No.500 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of prosecution is that on 23.07.2025 the petitioners seized 2 units of vandal sand in vehicle bearing Nos. TN 32 AZ 1735 and TN 32 BB 2304 without proper permission. Hence this case.
3. The learned counsel appearing for petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have 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 petitioners seized 2 units of vandal sand without any permits. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances, and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Villupuram, 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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Advocate Clerk Association, Villupuram, within a period of two weeks from the date of receipt of a copy of this order and shall produce the receipt for the same before the Court below.
(b) 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;
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(c) the petitioners shall report before the respondent police on every Saturday at 10.30 a.m. for the period of eight weeks.
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial;
(f) 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]; and;
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
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rna 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 Judicial Magistrate No.I, Villupuram.
2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.
3.The Public Prosecutor, High Court, Madras.
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T.V.THAMILSELVI, J.
rna Crl.O.P.No.21830 of 2025 11.09.2025 6/6