S.Kandasamy v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. S.Kandasamy S/O.Samiappan No.1/133, Semmandampalayam, Thennilai East, Karur, Karur District- 639 206 and another
2. Ramesh S/o. Kuppan, 6/146, Megarai Adhi Dravidar Colony, Punjaikanakuruchi, Karur District.
Petitioner(s) Vs
1. State rep. by The Inspector of Police, Vellakoil Police Station Tiruppur, Tiruppur District (Crime No. 430 of 2025) Respondent(s) PRAYER To enlarge the petitioner on Bail in the event of arrest pending investigation in Crime No. 430 of 2025 on the file of the respondent police and thus render Justice.
For Petitioner(s):
C S Saravanan C S T.Sudhanraj Amala Ananthi M.Vignesh For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 303(2) of BNS 2023 (379 of IPC) r/w.21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.430 of 2025, on the file of the respondent police seek anticipatory bail.
2. The case of the prosecution is that the petitioners transported 7 units of jips (1⁄4 jalli). Since it was transported without a proper transit pass and weighing bill, it was seized. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners had a valid transit pass and weighing bill and they had applied online for the transit pass, and it was belatedly handed over before the vehicle left the place. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that the investigation in this case is pending. Hence, he opposed to grant anticipatory bail to the petitioners.
5. Considering the nature of the allegations and the fact that the minerals were transported without a transit pass and weighing bill, and the property has already been recovered, I am inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Kangeyam, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks 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.
10-10-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate, Kangeyam.
2.State rep. by The Inspector of Police, Vellakoil Police Station Tiruppur, Tiruppur District (Crime No. 430 of 2025) 3.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 27729 of 10-10-2025