Prakash v. State By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 32034 of 2025 Prakash ... Petitioner
Versus
The State represented by The Inspector of Police Ariyoor Police Station Vellore District Crime No. 204 of 2025.
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.204 of 2025 on the file of respondent police.
For Petitioner : Mr.S.Silambu Selvan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
1/8
The petitioner, who was arrested and remanded to judicial custody on 06.11.2025, for the offences punishable under Sections 303(2), 326(a) of BNS, 2023 in Crime No.204 of 2025 registered on the file respondent police, seeks bail.
2.The allegation against the petitioner is that on 06.11.2025, the petitioner joining with other accused had illegally quarried 1 1⁄2 units of morambu sand from the Government land by using Tractor with Trailor bearing Registration No. 23-AC-8425 and JCB bearing Registration No. TN28-AY-7646 without any valid licence from the Government of Tamil Nadu. The respondent police arrested him and remanded to judicial custody on 06.11.2025.
3.The learned Counsel for the petitioner submits that the other coaccused was arrested and released on bail and the petitioner herein was arrested and remanded to judicial custody from 06.11.2025. He further 2/8
submits that the property was seized. He further submits that the petitioner is ready to abide any condition imposed by this Court and sought for bail to the petitioner.
4.The learned Government Advocate [Criminal Side] appearing for the respondent police, reiterated the case of the prosecution and submits that the petitioner had involved in another previous case and investigation is pending. He opposed for grant of bail to the petitioner. 5.Considering the period of incarceration of the petitioner from 06.11.2025; that the property was recovered; though the petitioner has one previous case, I am inclined to grant bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand 3/8
only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Vellore, and on further conditions that: [a] 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; [b] that the petitioner shall report before the learned Judicial Magistrate No.I, Vellore, daily at 10.30 am for a period of four weeks.
[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 3 rd 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];
4/8
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
02.12.2025 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 the official website of this Court will be watermarked and will also have a QR code.
5/8
To 1.The Judicial Magistrate No.I, Vellore.
2.The Central Prison, Vellore.
3.The Public Prosecutor High Court of Madras.
4.The Inspector of Police Ariyoor Police Station Vellore District Crime No. 204 of 2025.
6/8
K.RAJASEKAR J.
MSM Crl.O.P.No. 32034 of 7/8
02.12.2025 8/8