T.Murugesan v. State By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25345 of 2025 T.Murugesan ... Petitioner Vs.

State Rep by The Inspector of Police, Sulur Police Station Coimbatore District ... Respondent (Cr.No.757 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Cr.No.757 of 2025 on the file of the Inspector of Police, Sulur Police Station, Coimbatore District For Petitioners : Mr. C.Prakasam 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 Section 303(2) of BNS, 2023 and 21(1) of Mines and Minerals (Development and Regulation)Act, 1957 in Crime No. 757 of 2025, on the file of the respondent Police, seeks 1/6

anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found to be in illegal transportation of gravel sand in a lorry bearing registration No.TN 37 BS 0050. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the petitioner along with other accused were found to be in illegal transportation of 3 units of gravel sand in a lorry without any permission. However, he opposed to grant anticipatory bail to the petitioner.

5. On perusal of the records, it is seen that earlier this petitioner filed a petition seeking anticipatory bail in Crl.O.P.No.22602 of 2025 before this Court and the same was dismissed on the ground that the petitioner was arrested and remanded to judicial custody. Now, it is reported by the learned counsel for the petitioner that the submission made in earlier 2/6

application is not proper and the petitioner was not arrested. In Crl.O.P.No.22602 of 2025, the co-accused namely Jayakumar was granted anticipatory bail and the petitioner is also a similarly placed person.

6. Considering the above facts and circumstances of the case, submissions made by learned counsels on either side,this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (rupees fifteen thousand only) to the credit of Crime No.757 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 fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sulur, Coimbatore 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 concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[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. 16.09.2025 nr 4/6

To 1.The Judicial Magistrate, Sulur, Coimbatore.

2. The Inspector of Police, Sulur Police Station Coimbatore District

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

nr Crl.O.P.No.25345 of 2025 16.09.2025 6/6