P.Sakthivel v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.P.Sakthivel 2.Karthikeyan 3.Kuppan 4.Velmurugan ... Petitioners Vs.

State Rep. by The Inspector of Police, Auroville Police Station, Villupuram District.

Crime No.243 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.243 of 2025 on the file of respondent Police. For Petitioners :

Mr.G.Saravanabhavan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

The petitioners herein are the driver and the owner of the two vehicles 1/5

bearing Registration Nos.TN32 T 2616 and TN31 AJ 0501, which are tipper lorries that illegally transported three units of red sand each seized from these two vehicles. The petitioners abandoned the vehicle that was intercepted by the respondent police. The case was registered on 13.08.2025 for the alleged offences punishable under Sections 303(2), 326(b) of BNS Act r/w 21(1) of Mines and Minerals Act, in Crime No.243 of 2025 and the vehicles and the materials were seized by the respondent police.

2. The learned Government Advocate (Crl. Side) submits that these petitioners are first time offenders.

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

4. Considering the quantum and the materials illegally transported, this Court is inclined to grant anticipatory bail to the petitioners subject to certain conditions.

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5. Accordingly, the petitioners are directed to deposit a sum of Rs.3,000/- [Rupees Three Thousand Only] each to the credit of Crime No.243 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 their appearance, within a period of 10(ten) days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Vanur, on condition that the petitioners shall execute a separate 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] if the petitioners fails to surrender before the concerned Magistrate, within a period of 10 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 petitioners shall report before the respondent police daily at 10.30 a.m, until further orders; [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 District Munsif cum Judicial Magistrate, Vanur.

2.The Inspector of Police, Auroville Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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