Vijayan v. The State Represented By, Sub -Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Vijayan S/o. Srihari, No.223, Perumal Kovil Street, Sirupuzhalpet, Thiruvallur District Petitioner Vs The State Represented by, The Sub-Inspector of Police, Gummudipoondi Police Station, Tiiruvallur District.
(Crime No. 192/2025) Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. 192 of 2025 on the file of the Respondent Police. For Petitioner :
Mr.Vinoth M For Respondent : Mr.S.Udayakumar Government Advocate (Crl.
Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326(a) of BNS, 2023 (379 & 430 of IPC) and Section 21(1) of Mines and Minerals
(Development and Regulations) Act, 1957 in Crime No.192 of 2025 on the file of respondent police, seeks anticipatory bail.
2. The case of the prosecution is the petitioner along with other accused illegally transported 10 units of river sand without any valid permit by using a tipper lorry bearing Regn. No.TN-18-BQ-4505. Hence, this case.
3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. Since the petitioner is the owner of the said vehicle, he has been falsely implicated in this case. He further submitted that this is second petition for anticipatory bail and the earlier petition filed by the petitioner in Crl.O.P.No.23129 of 2025 was dismissed by this Court by order dated 21.08.2025. On instructions he further submitted that without prejudice to his right and contentions, the petitioner is prepared to deposit/pay some considerable amount as may be directed by this court and prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent police submitted that there are totally four accused involved in this case and the petitioner has been arrayed as A4 and he is the owner of the vehicle. He further submitted that the quantity of sand involved in this case is 10 units. Hence, he opposed for the grant of anticipatory bail to the petitioner. However, he submitted that there is no previous case against the petitioner.
5. Considering the above facts and circumstances of the case and also of
the fact that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Gummidipoondi, on condition that the petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five thousand only) as non-refundable deposit to the credit of the Ramakrishna Math, No.331, Ramakrishna Math Road, Mylapore, Chennai-600 004 for the purpose of rehabilitation of Leprosy afflicted persons, within a period of two weeks from the date on which the order copy made ready and the petitioner shall also 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of eight
weeks.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].
[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The District Munsif cum Judicial Magistrate Gummidipoondi
2. The Sub-Inspector of Police, Gummudipoondi Police Station, Tiiruvallur District.
3. The Public Prosecutor High Court of Madras, Chennai
T.V.THAMILSELVI J.
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