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Madras High CourtCRL OP/34670/2025granted

David @ Panneerselvam v. State Rep By The Inspector Of Police,

2025-12-18Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 34670 of 2025

1. David @ Panneerselvam

2. Sudhakar

3. Saravanan

4. Suman Petitioner(s) Vs State rep by The Inspector of Police, Bagayam Police Station. Vellore District. (Crime No.350 of 2025).

Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in event of their arrest in Crime No.350 of 2025 pending investigation on the file of Respondent Police. For Petitioner(s):

Mr.Balamanikandan Ganesan For Respondent(s):

Ms.J.R.Archana, GA (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(1A) & 21(1) of the Mines and Mineral (Development & Regulation) Act, 1957 in connection with

the Cr. No.350 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on alleged date of occurrence, the petitioners illegally transported crushed gravels jelly in two Lorries bearing Reg.Nos TN 23 CD 6999 and TN 23 DK 6960 without any valid license. Hence, the case.

3. Learned counsel for the petitioners submitted that petitioners are innocent persons, and they have been falsely implicated by the respondent police and they are no way connected with the alleged offence and hence he prayed to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) would submit that on the date of the alleged occurrence, the petitioners illegally transported crushed gravels jelly in two Lorries bearing Reg.Nos TN 23 CD 6999 and TN 23 DK 6960 without any valid license. She further submitted that the gravel jelly and the lorries were seized by the respondent police and that the petitioners has no previous case pending against them. However, she strongly objected to grant anticipatory bail to the petitioners.

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

6. Considering the representation made by both side counsel, nature of offence, and gravel jelly and the vehicles used by the petitioners were seized by the respondent police and that no previous cases are pending against petitioners, and also considering all other factors, I am inclined to grant anticipatory bail to the petitioners subject to the following 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Vellore on condition that each of the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police daily at 10.30 am., for a period two weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the petitioners shall not leave India without the previous permission of the Court;

[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 petitioners 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)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

18-12-2025 gbi To 1.The Inspector of Police, Bagayam Police Station. Vellore District.

2. The Judicial Magistrate No.I, Vellore.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

gbi CRL OP No. 34670 of 18-12-2025