Harish v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34259 of 2025 Harish Petitioner Vs The State Represented by The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.
Crime No.265 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.265 of 2025 on the file of the respondent police. For Petitioner:
Mr.A.Saranraj For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 28.10.2025 for the alleged offence punishable under Section 303(2), 326 of BNS, in Crime No.265 of 2025 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner was found in transportation of 5 bags of river sand illegally quarrying from the palar river. Hence, a complaint was lodged and the petitioner was arrested.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submit that the petitioner was arrested and he is in judicial custody from 28.10.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner was got red handed along with sand and that the petitioner is having bad antecedents and 5 previous cases and investigation is pending. Hence, he opposed to grant bail to the petitioner.
5. Earlier, this Court had dismissed the bail petition in
Crl.OP.No.31344 of 2025 dated 17.11.2025 on the ground that the petitioner is having previous antecedents.
5. Considered the fact that the petitioner is in judicial custody since 28.10.2025, the nature of the allegations, though the petitioner is involved in previous cases, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham, and on further conditions 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 concerned Court daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the 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.
15.12.2025 drl
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.
To 1.The Judicial Magistrate, Gudiyatham, Vellore District.
2.The Inspector of Police, Gudiyatham Taluk Police Station, Vellore District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34259 of 2025 15.12.2025