R. Suresh v. The State Represented By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN R.Suresh ... Petitioner Vs.
The State Represented by, The Inspector of Police, Sulur Police Station, Coimbatore.
Crime No.761 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.761 of 2025 on the file of respondent Police. For Petitioner :
Mr.R.Suryakumaran For Respondent :
Mr.S.Udayakumar Government Advocate (Criminal Side)
O R D E R
The petitioner apprehends arrest at the hand of the respondent police for the alleged offence punishable under Sections 21(1) of Mines and Minerals (Development & Regulation) Act r/w Section 303(2) of BNS Act, in Crime 1/5
No.761 of 2025, registered on the file of the respondent police, seeks anticipatory bail.
2. The petitioner herein is the owner of the vehicle bearing Registration No.TN 37 DY 1989 and seeks anticipatory bail in connection with the illegal transportation of three units of gravel.
3.
The learned Government Advocate (Crl. Side) submits that the respondent police intercepted the vehicle on suspicion and found three units of gravel sand illegally transported without a valid permit, and this petitioner, being the owner of the vehicle had provided the vehicle for illegally transportation. He further submitted that the driver of the vehicle has been arrested and is in prison.
4. Heard the learned counsels on either side and perused the materials available on record.
5. Taking note of the fact that the vehicle has already been seized and confiscation are proceedings contemplated, this Court is inclined to grant 2/5
anticipatory bail to the petitioner subject to certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.30,000/- [Rupees Thirty Thousand Only] to the credit of Crime No.761 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, on or before 08.09.2025, before the learned Judicial Magistrate Court, Sulur, 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] if the petitioner fails to surrender before the concerned Magistrate on or before 08.09.2025, 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 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 3/5
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 Court, Sulur.
2.The Inspector of Police, Sulur Police Station, Coimbatore.
3. The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN, J.
drl 4/5
26.08.2025 5/5