P.Suresh Alias Pachiyappan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI P.Suresh Alias Pachiyappan S/o.Narayanasamy, Door No.36/22, Bajanai Kovil Street, Dhamaraipakkam, Kaanji, Thiruvannamalai District.

Petitioner(s) Vs The State Rep. by The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

Crime No.201 of 2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the Petitioner on bail in the event of his arrest in respect of Crime No.201 of 2025, on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District, pending investigation. For Petitioner(s):

Mr.S.B.Viswanathan For Respondent(s):

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

ORDER

The petitioner, who apprehends 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 Mines and Minerals (Development and Regulation) Act in Crime No.201 of 2025 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 22.07.2025, the petitioner had illegally transported 1⁄4 unit of river sand in a bullock cart. Hence, this case.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions he would further submit that without prejudice to his right and contentions, the petitioner is prepared to deposit/pay some considerable amount as may be directed by this court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent police opposed for the grant of anticipatory bail to the petitioner by reiterating the prosecution case. However, he submitted that there is no previous case against the petitioner.

5. Considering the above facts and circumstances of the case and also of the fact that there is no previous case against the petitioner, 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, Kalasapakkam, Thiruvannamalai District, on condition that the petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) as non-refundable deposit to the credit of Registered Advocate Clerks Association, Tiruvannamalai District and the petitioner shall also 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner 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 petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of four 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 petitioners 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 petitioner 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 Kalasapakkam, Thiruvannamalai District

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

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 CRL OP No. 21817 of 11-09-2025