Babu v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2025

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Babu ... Petitioner Vs.

The State represented by The Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur District.

(Crime No.1821 of 2020) ... Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, praying to enlarge the petitioner on bail, in the event of his arrest, in Crime No.1821 of 2020 on the file of the respondent police.

For Petitioner : Mr.M.Vetrivel For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

This petition for anticipatory bail has been filed by the petitioner in connection with Crime No.1821 of 2020 registered by the respondent police for the alleged offence under Sections 379, 430 of IPC r/w 21(1) MMDR Act. 1/6

2.The case of the prosecution is that the petitioner had illegally transported 100 kg of sand in his two wheeler. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner stating that the petitioner illegally quarried and transported 100 kg of sand. He further submitted that the major part of the investigation is completed.

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

6. Considering the submissions made by the learned counsel appearing on either sides, the occurrence was taken place in the year 2020 and 2/6

the major part of the investigation is completed, since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, JM I, Thiruvallur on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] 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 petitioner 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;

[c] the petitioner shall not abscond either during 3/6

investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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To

1. The Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur District.

2. The Judicial Magistrate, JM 1, Thiruvallur.

3. The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

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