Clyo v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Clyo ... Petitioner Vs.

The State represented by The Inspector of Police, Udumalpet Police Station, Tiruppur District.

(Crime No.557 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.557 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.L.Mouli For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 11.09.2025, for the offence punishable under Section 305(e) of the Bharatiya Nyaya Sanhita (BNS) 2023, and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.557 of 1/6

2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with coaccused alleged to have illegally transported eight units of ordinary stone without any valid permit. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner he has been in custody since 11.09.2025. Hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the Trial Court had earlier dismissed the bail petition filed by the petitioner in Crl.M.P.No.2332 of 2025 dated 24.09.2025. He further submitted that during the interception of the vehicle by the respondent police, it was found that it had no permit and was carrying eight units of ordinary stone illegally. It is further submitted that the petitioner has no previous case. Hence, he strongly opposed the grant of bail to the petitioner.

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

6. Considering the fact that the petitioner has no previous case and taking into account the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Udumalpet, 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 for a period of two weeks, and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; 3/6

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 06.10.2025 cda 4/6

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 No.I, Udumalpet.

2.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

3.The Sub Jail, Udumalpet.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

cda 06.10.2025 6/6