Nagaraj v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Nagaraj 2.Manojkumar ... Petitioners Vs.
The State Rep. by, The Inspector of Police, Annur Police Station, Crime No.429 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.429 of 2025 on the file of respondent Police. For Petitioners :
Mr.M.AMarudhachalam.
For Respondent :
Mr.S.Udayakumar Government Advocate (Criminal Side)
O R D E R
The petitioners herein apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 303(2) of BNS (378 IPC) and Section 21(1) of the Mines and Minerals (Development & Regulation) 1/6
Act, 1957 in Crime No.429 of 2025, registered on the file of the respondent police, seeks anticipatory bail.
2. On reading of the First Information Report it is seen that the petitioners herein are the owners of the vehicle bearing Registration Nos.TN 40 E 2255 and TN 88 K 8886 were used for illegal transportation of gravel sand. On seeing the revenue officials, the driver of the vehicle had abandoned the vehicle and fleeded, in one of the lorry bearing Registration No. TN 40 E 2255 with two units of gravel sand found loaded, These petitioners being the owners of the two lorries before this Court seeking anticipatory bail.
3. Considering the nature of the crime and the quantity of the gravel sand excavated, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:
4 Accordingly, the petitioners are directed to deposit a sum of Rs.20,000/- [Rupees Twenty Thousand Only] each to the credit of Crime No.429 of 2025 before the trial Court, on such deposit and production of proof, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within 2/6
a period of ten days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Annur, 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 petitioners fails to surrender before the said 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 petitioners 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 3/6
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.
04.09.2025 drl To 1.The District Munsif cum Judicial Magistrate, Annur, Coimbatore.
2.The Inspector of Police, Annur Police Station, Coimbatore District.
3. The Public Prosecutor, High Court of Madras.
4/6
Dr.G.JAYACHANDRAN, J.
drl 5/6
04.09.2025 6/6