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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Rajini ... Petitioner Vs.

The State Represented by, The Inspector of Police, Veppur Police Station, Cuddalore District.

Crime No.261 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of apprehending arrest in Crime No.261 of 2025 on the file of respondent Police. For Petitioner :

Mr.R.Karan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS Act r/w 21(1) of Mines and Minerals Act, in Crime No.261 of 2025, on the file of the respondent 1/5

Police, seeks anticipatory bail.

2. The case of the prosecution is that the offence alleged is that the petitioner illegally transported 1/2 unit of river sand in bullock cart. Hence, the complaint.

3.

The learned Government Advocate (Crl. Side) submits that the petitioner has no previous case against him. He also submits that the vehicle and the contraband were seized and that the respondent police have initiated confiscation proceedings. However, he opposed the grant of anticipatory bail to the petitioner.

4. Heard the learned counsels on either side and perused the materials available on record.

5. Considering the fact and the objection by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

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6. Accordingly, the petitioner is directed to deposit a sum of Rs10,000/- [Rupees Ten Thousand Only] to the credit of Crime No.261 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 10 (ten) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Virudhachalam, on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, 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 the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass 3/5

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

26.08.2025 drl To 1.The Judicial Magistrate No.I, Virudhachalam.

2.The Inspector of Police, Veppur Police Station, Cuddalore District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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