K Vinoth Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 36119 of 2025 K.Vinoth Kumar S/o Karunamoorthy No.18, Moolaviyamman koil Street, Thiruvalam, Vellore District.

2. M.Prasanna Kumar S/o Magenthiran, No.18, Mulavaiyamman Kovil Street, Kamarajapuram, Thiruvalam, Vellore District.

Petitioner(s) Vs

1. The State rep by The Inspector of Police, Thiruvalam Police Station, Vellore District.

Crime No.144 of 2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest on connection with crime No.144 of 2025 pending investigation on the file of Respondent police.

For Petitioner(s):

Mr.D.Balaji For Respondent(s):

Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) and 326(a) of BNS, 2023, in Crime No.144 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners were found illegally transporting 10 buckets of river sand in a TATA Ace vehicle bearing Reg.No.TN-23BB-2674. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. Hence, he prays for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, the nature of the offence and the quantity of material involved in this case, also the fact that no previous case is pending against the petitioners, this Court is inclined to grant

anticipatory bail to the petitioners, subject to 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 Judicial Magistrate, Katpadi, Vellore District on condition that the petitioners shall execute a separate 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 concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond 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 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)13 SCC 283].

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

30-12-2025 Jd/vm Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate, Katpadi, Vellore District.

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

3. The Public Prosecutor, Madras High Court, Chennai.

P.DHANABAL J.

jd/vm CRL OP No. 36119 of 2025 30-12-2025