Hari Alias Hariharan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Hari @ Hariharan 2.Ranjith @ Ranjith Kumar ... Petitioners Vs.

The State rep by, The Inspector of Police, Gudiyatham Taluk Police Station Vellore District.

(Crime No.165 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.165 of 2025, on the file of the respondent Police.

For Petitioners :

Mr.D.Anandan For Respondent :

Mr.S.Udayakumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) & 326 of BNS, in Crime No.165 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The petitioners are owner and driver of the vehicle in which, 1 unit of gravel sand illegally transported. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police states that the vehicle bearing Registration No.TN-32-D-7206 and 1 unit of gravel sand were seized and there is no previous case against the petitioners.

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5. Heard the learned counsels and perused the materials available on record.

6. Considering the said submission, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions;

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on or before 12.09.2025 before the learned Judicial Magistrate, Gudiyatham, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.165 of 2025 on the file of the Judicial Magistrate, Gudiyatham, Vellore District, on or before 12.09.2025;

[b] if the petitioners fail to surrender before the concerned Magistrate on or before 12.09.2025, this Order shall stand automatically cancelled;

[c] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 3/6

Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [d] the petitioner shall report before the respondent police as and when required;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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To 1.The Judicial Magistrate, Gudiyatham, Vellore District.

2.The Inspector of Police, Gudiyatham Taluk Police Station Vellore District.

(Crime No.165 of 2025) 3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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