Ramu v. State Rep. By

P. DHANABAL.J., The petitioners apprehend arrest for the alleged offences under Sections 303(2) and 326 of BNS Act, 2023 in Crime No.287 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 19.09.2024, the respondent police was conducted check up, at that time the petitioners were illegally transported 50Kg. of river sand in their Motor Cycle. Hence the case.

3. The learned counsel for the petitioners would contend that these petitioners are innocent persons and they have not indulged in any illegal activities as alleged by the prosecution and they have been falsely implicated in this case by the respondent police. There is no previous case as against these petitioners. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) would submit that the petitioners were illegally transported 50Kg. of river sand. In this

case, the sand was seized by the concerned authority. There is no previous case as against this petitioner. However, the learned Government Advocate (Criminal Side) vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side, considering the nature of offence and considering that the quantity of material involved in this case, there is no previous case is pending against the petitioners and also considering other aspects, this court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on anticipatory 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 Court No.II, Tiruvallur 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 learned Magistrate concerned and on further condition

that:

[a] the petitioner shall report before the respondent police on every Saturday at 10.00a.m. for the period of four weeks;

[b] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissaude him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

[c] the petitioner shall not leave India without the prior permission of the Court.

[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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section269 B.N.S.2023.

03.10.2024 gvn

P.DHANABAL,J gvn Crl.O.P.No.23906 of 2024 03.10.2024