Senuvasan v. The 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

1. Senuvasan

2. Kannan

3. Dhayalan .... Petitioners / Accused Vs The State represented by, the Inspector of Police, Kalampur Police Station, Thiruvanamalai District.

(Crime No.454 of 2025) .... Respondent / Complainant PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused in Crime No.454 of 2025 on the file of the respondent police. For Petitioner(s):

M/S.M.Sarathkumar For Respondent(s):

Mr. S.Udaya Kumar Government Advocate [Criminal Side]

ORDER

The petitioners / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of

Bharatiya Nyaya Sanhita (BNS), 2023 r/w Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in connection with the case in Crime No.454 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners were found to be in possession of 1⁄4 unit of river sand in Bullock Cart.

3. Learned counsel for the petitioners would contend that the petitioners are innocent and have been falsely implicated; that the material objects have already been seized; that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side), per contra, would submit that the respondent police seized the 1⁄4 unit of river sand along with the vehicles and that the petitioners / Accused have no previous cases against them.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the nature of allegations, the material objects were seized by the respondent police and since the custodial interrogation of the petitioners

are not required for the purpose of investigation, and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on certain 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, ARANI, Thiruvanamalai District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioners and 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 identity. [c] the petitioners shall report before the respondent police every Saturday at 10.30 a.m for a period of four weeks.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] 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].

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

30.12.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes av/dsa

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 official website of this Court will be watermarked and will also have a QR code.

To

1. The Inspector of Police, Kalampur Police Station, Thiruvanamalai District.

2. The Learned Judicial Magistrate Court ARANI, Thiruvanamalai District.

3.The Public Prosecutor, High Court, Madras.

P.DHANABAL J.

dsa/av 30-12-2025