Selvam v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN 1.Selvam(Male/41 years) S/o Selvaraj @ Velu Kolaimedu,Moongambattu, Agarvaram Post, Gudiyatham Taluk, Vellore District.

2.Murugan(Male/43 years) S/o Chinnayapaiyan, Earipattarai Village, Agarvaram Post, Gudiyatham Taluk, Vellore District.

..Petitioners/Accused Nos.1 and 2 /versus/ State rep.by the Inspector of Police, Gudiyatham Taluk Police Station Gudiyatham, Vellore District.

(Crime No.162 of 2025) .. Respondent/Complainat PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.162 of 2025 on the file of the Inspector of Police, Gudiyatham Taluk Police Station, Gudiyatham, Vellore District.

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For Petitioners :M/s.Vinodh Kumar For Respondent :Mr.S.Udayakumar Government Advocate (Crl.side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 303(2), 326, 62 of BNS in Crime No.162 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners alleged to have committed theft of river sand.

3.According to the prosecution, when the respondent police tried to intercepted the vehicle, the petitioners have abandoned the vehicle and fled away from the scene of occurrence.

4.The learned Government Advocate (Crl.Side) states that the tractor bearing Reg.No. TN 23 DZ 9869 and tools have already been seized from the scene of occurrence and also necessary steps were taken 2/6

for confiscation.

5. Considering the fact that it is an attempt to theft of the river sand and the vehicle has already been seized, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, on or before 21.08.2025 before the learned Judicial Magistrate, Gudiyatham, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a likesum 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:

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(a)If the petitioners fails to surrender before the concerned Magistrate on or before 21.08.2025, this order shall stand automatically cancelled;

(b)The sureties shall affix their photographs and left thumb impression in the application for surety ship (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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(d)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

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(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

12.08.2025 ari To 1.The Judicial Magistrate, Gudiyatham.

2.The Inspector of Police Gudiyatham Taluk Police Station Guidyatham, Vellore District 3.The Public Prosecutor, High Court of Madras.

DR.G.JAYACHANDRAN,J.

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ari Crl.O.P.No.22206 of 2025 12.08.2025 6/6