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Madras High CourtCRL OP/36170/2025granted

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

2025-12-30Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP.No.36170 of 2025

1. Aravindan

2. Sivakumar

3. Arunkumar @ Arun ... Petitioners Vs.

The State represented by its, Inspector of Police, Arcot Taluk Police Station, Ranipet District.

[Crime No.158 of 2025] ... Respondent PRAYER: Criminal Original Petition filed under 482 of BNSS Act, 2023 to enlarge the petitioners on bail in the event of arrest by the respondent police in Crime No.158 of 2025 on the file of the respondent Police. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

The petitioners/Accused No.1 to 3 apprehends arrest for the alleged offences under Sections 303(2) and 326(a) of B.N.S., 2023 [379 and 430 of IPC] in Crime No.158 of 2025, on the file of the respondent police, 1/6

seeks anticipatory bail.

2.

The case of the prosecution is that the petitioners are alleged to have transported one unit of river sand illegally without valid license from the Government. Hence, the complaint.

3.

The learned counsel appearing for the petitioners submits that the petitioners had not committed any offence as alleged and the petitioners had been falsely implicated in this case. He further submitted that the petitioners are ready and willing to furnish substantial sureties for their due release and abide by any condition that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioners. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners have transported one unit of river sand without valid license and that there are two previous cases pending as against the petitioners and further, considering the gravity of offence, he opposed to grant anticipatory bail to the petitioners.

5.

Considering the rival submissions made by the learned 2/6

counsel on either side, the nature of the offence and the quantity of material involved in this case, also the fact that though some previous cases are pending and in all those cases, the petitioners were released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

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 of receipt of a copy of this order before the Judicial Magistrate, Arcot on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (each) (Rupees Ten Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police on every Saturday at 10.30 a.m. for a period of four weeks;

[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 then from 3/6

disclosing such facts of the Court or to any police officer. [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] the petitioners shall make themselves available for interrogation by a police officer as and when required. [f] 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].

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

30.12.2025 mac/ssn Note:

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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, Arcot

2. The Inspector of Police, Arcot Taluk Police Station, Ranipet District.

3.The Public Prosecutor, High Court of Madras. 5/6

P.DHANABAL ,J, mac/ssn CRL.OP.No.36170 of 2025 30.12.2025 6/6