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Madras High CourtCRL OP/32865/2025granted

Thirugnanam v. The State Rep By The Inspector Of Police

2025-12-01Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.

32865 of 2025 Thirugnanam ... Petitioner -vsState Rep by, The Inspector of Police/SHO, Annamalai Nagar Police Station, Cuddalore District.

(Crime No.211 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.211 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.K.V.Sridharan For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/7

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.11.2025, for the alleged offence punishable under Sections 326(a), 303(2) of BNS 2023 r/w. Section 21 of Mines and Minerals (Devlopment and Regulation) Act, 1957 in Crime No.211 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against this petitioner is that the petitioner joined hands with other accused involved in illegally quarrying the river sand from Kollidam, and while they were taking sand in the river by using three lorries and the earth mover, they were caught red-handedly. However, others ran away and this petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner is not having any previous cases and he is in custody from 11.11.2025 and he is also aged about sixty-eight years. Hence, he prayed for grant of bail to the petitioner.

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4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that totally eleven accused in this case, petitioner is ranked as A1 and property and vehicles are all seized. He further submitted that petitioner is not having any previous case. However, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the fact that petitioner is not having any previous case, property is recovered and the petitioner is in judicial custody from 11.11.2025, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate-I, Chidambaram, 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 3/7

identity;

[b] the petitioner shall report before the Trial Court daily at 10.30 a.m., for a period of four weeks; [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.

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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-I, Chidambaram.

2.The Inspector of Police/SHO, Annamalai Nagar Police Station, Cuddalore District.

3.The Superintendent of Police, Central Prison, Cuddalore.

4.The Officer Incharge, Sub Jail, Chidambaram. 5.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

mpa Crl.O.P.No.

32865 of 2025 6/7

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