Ganesh v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Ganesh ... Petitioner/sole accused Vs.

State By, The Inspector of Police, Tiruvalam Police Station, Vellore District.

Crime No.529 of 2023 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.529 of 2023 on the file of the respondent police.

For Petitioner :

Mr.Amarnath Srinivasan 1/8

For Respondent :

M/s.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 430 and 379 of IPC in Crime No.529 of 2023, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that on 09.11.2023, the petitioner transported 1⁄2 unit of river sand. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the 2/8

petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner has five previous cases. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Though, petitioner has five previous cases, considering the fact that the case is of the year 2023 and the custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on is appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, 3/8

Katpadi, Vellore on condition that each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen 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 the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of 4/8

three weeks and thereafter as and when required for interrogation;

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27.11.2025 sma 5/8

To 1.Judicial Magistrate, Katpadi, Vellore District.

2.The Inspector of Police, Tiruvalam Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 7/8

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