Partiban v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

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

The State rep.by The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.

(Crime No.103 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S, to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No.103 of 2025 on the file of the Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.

For Petitioner :

Mr.Thirumalaivasan Pachiyappan 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), 326(a) of BNS R/W Section 21(1) Mines and Minerals (Development & Regulation) Act, in Crime No.103 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/5

2.The case of the prosecution is that, the petitioner had illegally transported 1 1/2 unit of Sand through TATA mini Lorry, bearing Registration No. TN 43 D 7949 without any valid permit. 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.30,000/- [Rupees Thirty Thousand Only] in the account pertaining to Crime No.103 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 before the learned District Munsif Cum Judicial Magistrate, Kalasapakkam, 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] 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 as and when required;

[c] 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 3/5

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];

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

15.09.2025 nvi To 1.The District Munsif Cum Judicial Magistrate, Kalasapakkam 2.The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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