Jeyaprakash v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. JEYAPRAKASH S/o.Ranganathan, Madathottam, Kattampattipudur Kattampati PO Coimbatore District Petitioner(s) Vs

1. State rep by The Inspector of Police NEGAMAM Police Station Coimbatore District.

Crime No.218 of 2025 Respondent(s) PRAYER pleased to enlarge the Petitioner on bail in Crime No.218 of 2025 Pending on the file of the respondent and thus render justice For Petitioner :

Mr.W.Camyles Gandhi For Respondent:

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.08.2025 for the alleged offence under Sections 21(1) of Mines and Minerals (Development and Regulation) Act and 303(2) of BNS Act in Crime No.218 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have transported 1 unit of gravel sand illegally. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the quantity of sand involved is 1 unit of gravel sand. He further submitted that there are five previous case pending against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Pollachi and on further conditions 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 daily at 10.30 a.m., for a period of two weeks and thereafter 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

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.

26-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.

To 1.The Judicial Magistrate-II, Pollachi.

2.The Inspector of Police NEGAMAM Police Station Coimbatore District.

Crime No.218 of 2025 3.The Superintendent, Sub Jail, Pollachi.

4. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26779 of 26-09-2025