Ilavarasan v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. ILAVARASAN Son of Murugesan, 195/ 1, Poonamalee Street, Samudram, Nallavanpalayam, Tiruvannamalai - 606 603. and another
2. Mani Son of Rathinam 409, Pillaiyar Kovil Street, MelChettipattu, Tiruvannamalai - 606 707.
Petitioner(s) Vs
1. The State Rep by Inspector of Police Tiruvannamalai West Police Station, Tiruvannamalai. Crime No. 226/2025 Respondent(s) PRAYER To grant an Anticipatory Bail to the petitioners in the event of arrest or on their appearance before any court in connection with the case in Crime No. 226 of
2025 pending investigation on the file of the Respondent Police herein and thus render justice.
For Petitioner(s):
S Panneer Selvam Soundharya Panneerselvam B.Malmaruga D.Karunanithi For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) of BNS and section 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.226 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner is alleged to have transported 5 unit of Morambu sand in a tipper lorry illegally. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner possesses a permit and
therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) reported that the petitioner is now producing the permit, which allows for quarrying sand from the lake.
5. Taking note of the facts and circumstances, and also considering the submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial MagistrateII, Tiruvannamalai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:
(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(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 identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
26-09-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes
To
1. The Judicial Magistrate-II, Tiruvannamalai. 2.The State Rep by Inspector of Police Tiruvannamalai West Police Station, Tiruvannamalai. Crime No. 226/2025 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 26690 of 26-09-2025