Saravanan v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.32757 of 2025

1. Saravanan

2. Baskar ... Petitioners Vs.

State rep. by., Inspector of Police, Palaiyur Police Station, Mayiladuthurai District.

Crime No.282 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.282 of 2025 on the file of the respondent police.

For Petitioners :

Mr.C.T.Saravanan For Respondent :

Ms.J.R.Archana Government Advocate (Criminal Side)

O R D E R

The petitioners herein apprehending arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.282 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The allegation against the petitioners is that the petitioners were found in illegal transportation of one unit of Rough sand (Savudu). Hence, the case.

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

4. The learned Government Advocate (Crl.side) submitted that the petitioners were illegally transported one unit of sand without any valid license. He further submitted that there is no previous cases pending against the petitioners. Hence, he opposed for the grant of bail to the petitioners.

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

6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, also considering the fact that the petitioners have no previous cases, hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 2/4

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 of receipt of a copy of this order, before the learned Judicial Magistrate-2, Mayiladuthurai, on condition that 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 petitioners fail 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

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K.RAJASEKAR, J.

kmm [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01.12.2025 kmm To

1. The Judicial Magistrate-2, Mayiladuthurai.

2. The Inspector of Police, Palaiyur Police Station, Mayiladuthurai District.

3. The Public Prosecutor, High Court of Madras.

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