Appas v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Appas ... Petitioner Vs.
State by, The Inspector of Police, Thiruvenai Nallur Police Station, Villupuram District.
(Crime No.412 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 his arrest in respect of Crime No.412 of 2025 on the file of Inspector of Police, Thiruvenai Nallur Police Station, Villupuram District. For Petitioner :
Mr.Gopalakrishnan B 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) and 326(a) of BNS, 1/4
2023, in Crime No.412 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The petitioner is the driver of tipper lorry, which have involved in illegal transport of one unit of gravel sand. The respondent police intercepted the vehicle and a case has been registered.
3. The learned counsel appearing for the petitioner submitted that the petitioner has no previous case and he is only a driver.
4. Heard the learned counsels on either side and perused the materials available on record.
5. Considering the nature of the mineral and the quantity alleged to have been illegally transported, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the credit of Crime No.412 of 2025 before the 2/4
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 ten days date of receipt of a copy of this order, before the learned Judicial Magistrate cum District Munsif, Thiruvenai Nallur, Villupuram District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] if the petitioner failed 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 petitioner 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 3/4
Dr.G.JAYACHANDRAN, J.
rpl appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
28.08.2025 rpl To 1.The Judicial Magistrate cum District Munsif, Thiruvenai Nallur, Villupuram District.
2.The Inspector of Police, Thiruvenai Nallur Police Station, Villupuram District.
3. The Public Prosecutor, High Court of Madras.
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