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Madras High CourtCRL OP/24476/2025granted

Dheenadhayalan v. State Rep By, The Inspector Of Police,

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Dheenadhayalan s/o. Cinnadirai @ Chinnadurai, No.58, Mariyamman Kovil Street, Chinnapilaiuarmedu, Karaikadu Post, Cuddalore District. and another

2. Kathamuthu, S/o. Jaganathan, No.63/2, Rolingmil Street, Kannarapetti, Karaikadu, Cuddalore District.

Petitioner(s) Vs

1. State Rep by, The Inspector of Police, Naduveerapattu Police Station, Cuddalore District. (Crime No.

217/2025) Respondent(s) PRAYER: To enlarge the petitioners on bail in Crime No. 217/2025 pending on the file of the respondent

For Petitioner(s):

P.Muthamizhselvakumar For Respondent(s):

Mr.A.Gopinath, Government Advocate (Crl.side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 27.08.2025 for the alleged offence under Sections 326(a), 303(2) of BNS Act and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.217 of 2025, on the file of respondent police, seeks bail.

2. The case of the prosecution is that the petitioners have illegally transported 26 units of river sand in their vehicle, without any valid licence. Hence the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they has been falsely implicated in this case. He further submits that the petitioners have been suffering incarceration from 27.08.2025. Hence, he seeks for grant of bail to the petitioners. He further

submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that without any valid licence, the petitioners have illegally transported 26 units of river sand in their vehicle and there is no previous case pending against the petitioner and the investigation in the present case is almost completed.

5. Taking into consideration the facts and submissions made by both counsels, the investigation is almost completed, and also considering the period of incarceration undergone by the petitioners, this court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, each of the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only), (Totally= 2 No. x Rs.15,000 =

Rs.30,000/-, as non-refundable deposit to the Ramakrishna Math, No.31, Ramakrishna Math Road, Mylapore, Chennai -600 004, and on such deposit, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Judicial Magistrate - I, Cuddalore, and on further conditions that: (a) 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 petitioners shall report before the respondent police on every Saturday at 10.30 a.m. for a period of eight weeks.

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

12-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.State Rep by, The Inspector of Police, Naduveerapattu Police Station, Cuddalore District. (Crime No.

217/2025) 2.The Judicial Magistrate No.I, Cuddalore.

3. The Superintendent of Jail, Central Jail, Cuddalore.

4.The Public Prosecutor, High Court of Madras Note :-

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the Official Website of this Court will be watermarked and will also have a QR Code.

T.V.THAMILSELVI J.

rri CRL OP No. 24476 of 12-09-2025