Karthikeyan v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.12.2025

CORAM

THE HONOURABLE Mr.JUSTICE P.DHANABAL Karthikeyan ... Petitioner / Accused No.3 Vs The State rep. By The Inspector of Police, Tirupattur Town Police Station, Tirupattur District.

(Crime No.352/2025) ... Respondent / Complainant Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023 to enlarge the petitioner on bail in the event of his arrest in Crime No.352 of 2025 pending on the file of the respondent.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

The petitioners / Accused who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 303(2) and 326(a) of Bharatiya Nyaya Sanhita, 2023 and Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in connection with Crime No.352 of 1/5

2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found illegally transportation of two units of river sand. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and a false case has been foisted against him. He would further submit that there is no previous case as against the petitioner and he is no way connected with the said occurrence. Hence, they seek anticipatory bail.

4. The learned Government Advocate (Crl.side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that there is no previous case pending against the petitioner. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/5

6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence, the quantity of material involved in this case and also the fact that there is no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Tirupattur on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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 petitioner shall report before the respondentpolice on every Saturday at 10.30 a.m., for a period of four weeks.

[b] the petitioner 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 him from disclosing such facts to the Court or to any police officer;

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

[d] the petitioner shall not abscond either during investigation or trial.

3/5

[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 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.

30.12.2025 shl/nsd 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 Inspector of Police, Tirupattur Town Police Station, Tirupattur District.

2. The Judicial Magistrate No.I, Tirupattur.

3.The Public Prosecutor, High Court of Madras.

4/5

P.DHANABAL, J., shl/nsd 06.

30.12.2025 5/5