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Madras High CourtCRL OP/35692/2025granted

Sampath Reddiyar @ Sambath v. State Rep By, 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. 35692 of 2025

1. Sampath Reddiyar @ Sambath S/o. Ravi, 36, Siva Ganapathi Nagar, Villiyanur, Puducherry 605110

2. Siva Kumar 17, west street, Bahour, Puducherry 607402.

3. Sivakumar S/o. Ramu, No.17, West Street, Vahour, Puducherry-607402.

Petitioner(s) Vs

1. State Rep by, Inspector of police, Kedar Police Station, Villupuram District.

Crim No.180/2025.

Respondent(s) PRAYER To grant Anticipatory bail to the petitioners and order to enlarge them on bail in the event of arrest in Crime No.180/2025 by the Respondent Police For Petitioner(s):

Muruganandham K For Respondent(s):

S.Udaya Kumar, GA 1/6

ORDER

The petitioners / Accused Nos.1 & 4, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 303(2) and 326(a) of BNS, 2023 in connection with Cr.No.180 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 20.11.2025 at about 5.30 a.m. while the respondent police conducting vehicles checking, they intercepted a Tipper Lorry and found that 3 1⁄2 units of river sand being transported without any valid permit and based on their statements, the petitioners herein were arrayed as A1 and A4 as they involved in the transportation of the river sand. Hence, a case was registered against the petitioners.

3. The learned counsel appearing for the petitioners submits that the petitioners have not committed the offence as alleged by the prosecution and they were not present at the scene of occurrence and only based on the confessional statements of the co-accused, the petitioners were falsely implicated in this case. He further submits that the petitioners are ready to abide by any stringent conditions imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the co-accused were found in transportation of river sand and the petitioners were arrayed as A1 and A4 as A1 instructed the transportation of the river sand while A4 is the owner of the vehicle. Hence, he opposed for the grant of anticipatory bail to the petitioners.

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

6. Considering the nature of offence and no previous case is pending against the petitioners, who were arrayed as A1 and A4 only based on the confession statements of the co-accused, 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Villupuram, on condition that the petitioners shall execute 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 3/6

the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent 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 them from disclosing such facts to 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] 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.

30.12.2025 dn Index:Yes/No 4/6

Note :

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned shall act on this order being uploaded in the 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. State Rep by, Inspector of police, Kedar Police Station, Villupuram District.

2.Judicial Magistrate No.II, Villupuram 5/6

P. DHANABAL,J.

dn 30.12.2025 6/6