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Madras High CourtCRL OP/24102/2025granted

Aravindhan v. The State,

2025-09-02Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Aravindhan ... Petitioner Vs.

The State, The Inspector of Police, Bagayam Police Station, Vellore District.

(Crime No.197 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of his arrest in Crime No.197 of 2025 pending investigation on the file of the respondent Police. For Petitioner :

Mr.T.Dhasarathan For Respondent :

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

O R D E R

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 r/w 21(1) Mines & Minerals (Development & Regulation) Act, 1957 (379 and 430 I.P.C) in Crime No.197 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2.The case of the prosecution is that, the petitioner had illegally transported three units of Gravel Sand. Hence, the case.

3. The learned counsel appearing for the petitioner states that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and opposed for grant of bail to the petitioner.

5. Heard the learned counsels and perused the materials available on record.

6. Considering the facts and circumstances of the case and the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7. Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- [Rupees Fifteen Thousand Only] in the account pertaining to Crime No.197 of 2025 before the trial Court on or before 19.09.2025, 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 before the learned Judicial Magistrate-I, Vellore, 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] 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; [b] the petitioner shall report before the respondent police daily at 10.30a.m.

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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

02.09.2025 nvi To 1.The Judicial Magistrate-I at Vellore.

2.The Inspector of Police, Bagayam Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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