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Madras High CourtCRL OP/33992/2025granted

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

2025-12-11Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 33992 of 2025 Chinnadurai ... Petitioner Vs.

The State represented by The Inspector of Police, Anandapuram Police Station Villupuram District Crime No. 293 of 2025.

... Respondent Prayer: Criminal Original Petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No. 293 of 2025 pending on the file of respondent police. For Petitioner : Mr.B.Thirumalai For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.11.2025 for the offences punishable under Sections 303(2) of BNS, 2023 r/w under Section 21(1), 21(5) of Mines and Minerals (Development and Regulation) Act, 1957 registered on the file respondent police, seeks bail. 1/6

2. The allegation against the petitioner is that the petitioner is ranked as A4. The petitioner joining hands with other accused quarried five tonnes of black stones from the Government Poramboke land without any valid licence from the Government of Tamil Nadu. Based on the complaint, the petitioner was arrested on 19.11.2025.

3. The learned counsel for the petitioner submitted that the petitioner is not directly involved in the offence and the petitioner is a vehicle owner and called for enquiry, he has also produced the documents. He was not aware for the purpose of the vehicle was used and he is ready to abide any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner arrested and remanded to judicial custody from 19.11.2025 and he has not any previous case and therefore, he opposed for grant of bail to the petitioner.

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5.Heard both sides and perused the materials available on record.

6. Considering the fact that the petitioner herein is a vehicle owner and it was used for lifting black stones and it is stated that he has not involved in the occurrence, I am inclined to grant bail to the petitioner with certain conditions.

7. 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 only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Gingee, 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] the petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks and thereafter, as and when required for interrogation. 3/6

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 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];

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

11.12.2025 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.

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To 1.The Judicial Magistrate Court, Gingee.

2.The Central Prison, Cuddalore.

3.The Public Prosecutor High Court of Madras.

4.The The Inspector of Police, Anandapuram Police Station Villupuram District Crime No. 293 of 2025.

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K.RAJASEKAR J.

MSM CRL OP No. 33992 of 11.12.2025 6/6