Palani v. State Rep 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.Palani 2.Velan ... Petitioners/A1&2 Vs.

The State by The Inspector of Police Arni Taluk Police Station, Tiruvannamalai District.

(Crime No.653 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of arrest by the respondent police or on their appearance before the concerned court in connection with crime No.653 of 2025 (on the file of Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District) For Petitioners : Mr.S.Siva Kumar 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 Sections 303(2), 326 (a) of BNS r/w 21(1) mines and minerals act, in Crime No.653 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 unit of river sand in an unregistered Mahendra Tractor without any valid licence. 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. He further submitted that the petitioners, without prejudice to their rights, are ready to deposit a sum of Rs.25,000/- each to any welfare scheme of the Government or any other organization and prayed for 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.

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.

6.Taking note of the facts and circumstances of the case, nature of 2/6

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 at Arni, 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 are directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each as non3/6

refundable deposit either through RTGS/NEFT/cash/demand draft in favour of the Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c. No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan / receipt, shall accept the sureties furnished by the petitioner;

[c] the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. [d]the petitioners shall not tamper with evidence or witness either during investigation or trial. [e]the petitioners shall not abscond either during investigation or trial.

[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560].

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

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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 at Arni.

2. The Inspector of Police Arni Taluk Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

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N.SENTHILKUMAR, J.

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