Rajmohan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Rajmohan 2.Govindarasu ... Petitioners Vs.

The State rep by its, The Sub-Inspector of Police, Aladi Police Station, Cuddalore District.

(Crime No.92 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in connection with Crime No.92 of 2025 on the file of the respondent Police. For Petitioners :

Mr.R.Raji For Respondent :

Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

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The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326 of BNS, 2023 r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.92 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The lorry driver and owner of the lorry are before this Court seeking anticipatory bail in connection with illegal transport of gravel sand of 1 unit. Hence the complaint.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police states that the petitioners are having one previous case against them. The tipper lorry and JCB used for mining gravel sand has been seized by the respondent police and the confiscation proceedings is contemplated.

4. Considering the said circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions;

5. Accordingly, the petitioners are ordered to be released on bail in the event 2/6

of arrest or on their appearance, on or before 12.09.2025 before the learned Judicial Magistrate No.II, Virudhachalam, on condition that the petitioners 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 petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.92 of 2025 on the file of the Judicial Magistrate No.II, Virudhachalam, on or before 12.09.2025;

[b] if the petitioners fails to surrender before the concerned Magistrate on or before 12.09.2025, this Order shall stand automatically cancelled;

[c] 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;

[d] the petitioners shall report before respondent Police daily at 10.30 a.m., until further orders; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the 3/6

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

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To 1.The Judicial Magistrate No.II, Virudhachalam. 2.The Sub-Inspector of Police, Aladi Police Station, Cuddalore District.

(Crime No.92 of 2025) 3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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