G.Chenchaiah v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

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

The State Rep. by, The Inspector of Police, F-5 Pathirvedu Police Station, Thiruvallur District.

Crime No.118 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner in the event of apprehending arrest in Crime No.118 of 2025 on the file of respondent Police. For Petitioner :

Mr.P.Senthil 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 alleged offence punishable under Sections 303(2), 326(a) of BNS r/w 21(1) of TNMMDR Act, in Crime No.118 of 2025, registered on the file of 1/5

the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal transportation of one unit of river sand in a tractor without valid permission.

3. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner is the first time offender and the tractor was already seized and the confiscated proceedings were contemplated.

4. Considering the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

5. Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- [Rupees Twenty Five Thousand Only] to the credit of Crime No.118 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, within a period of ten days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Gummidipoondi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 said 2/5

Magistrate within a period of ten days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled and no further extension will be granted to the petitioner;

[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 as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass 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.

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To 1.The District Munsif cum Judicial Magistrate, Gummidipoondi 2.The Inspector of Police, F-5 Pathirvedu Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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