Masivel v. State Represented By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2025
CORAM
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR 1.Masivel 2.Sulochana 3.Vetrivel ... Petitioners Vs.
The State represented by The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.
(Crime No.536 of 2025) ...
Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of their arrest the consent in Crime No.536 of 2025 on the file of the Respondent Police. For Petitioners :
Mr.Kaandeeban For Respondent :
Mr.S.Santhosh, Government Advocate (Crl.Side) **********
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS and section 21(1) of MMDR Act, 1957, in Crime No.536 of 2025, on the file of the respondent Police, seek anticipatory bail.
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2. The case of the prosecution is that the petitioners have illegally transported 1 1/2 unit of sediment in a Tractor bearing registration No. TN-15-F-1255 without any valid permit. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case; that the petitioners have not committed any offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and he opposed for grant of anticipatory bail to the petitioners. He further submitted that no previous case is pending against the petitioners.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.
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6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thirukoilur, on condition that the petitioners 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate/Judge concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: : [a]the petitioners and 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 daily at 10.30.a.m.,until further orders; [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;
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[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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 vs. State of Kerala [(2005)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
03.10.2025 nvi 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 official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate, Thirukoilur.
2.The Inspector of Police, 4/6
Thirukoilur Police Station, Kallakurichi District.
3.The Public Prosecutor, High Court of Madras.
N.SETHILKUMAR, J., nvi 5/6
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