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Madras High CourtCRL OP/35839/2025granted

Baskar 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 Baskar Petitioner(s) Vs The State Rep By, The Inspector of Police Katapadi Police Station, Vellore District.

Crime No.367 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of his arrest in Crime no.367 of 2025, on the file of the respondent police.

For Petitioner(s):

Mr.S. Thirugnanam For Respondent(s):

Mr.S.Udaya Kumar Govt. Advocate (Crl.side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326 of BNS 2023 and Section 21(1) of Mines and Minerals (Development and Regulations) Act 1957 in connection with the Cr. No.367 of 2025, seek anticipatory bail.

2. The case of the prosecution is that on 25.09.2025, while the Assistant Geologist in Vellore District doing vehicle checkup, at that time, he found the petitioner illegally transporting 4 units of sand in a tipper lorry bearing Reg.No.TN 28 BJ 5512 and on seeking the defacto complainant, petitioner escaped from the scene of occurrence. Hence the case.

3. Learned counsel for the petitioner submitted that petitioner is an innocent person, and he has been falsely implicated by the respondent police and he is no way connected with the offences as alleged by the prosecution and hence he prayed to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) would submit that on the date of the alleged occurrence, while the Assistant Geologist in Vellore District doing vehicle checkup, at that time, he found the petitioner illegally transporting 4 units of sand in a tipper lorry bearing Reg.No.TN 28 BJ 5512 and on seeing the defacto complainant, petitioner escaped from the scene of occurrence. He further submitted that the sand and the vehicle used by the petitioner to transport the sand were seized by the respondent police and that the petitioner has no previous cases, pending against him. However, he strongly objected to grant anticipatory bail to the petitioner.

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

6. Considering the representation made by both side counsel, nature of offence, and the alleged sand has been seized by the respondent police and that no previous cases are pending against petitioner, and also considering all other factors, 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Katpadi, Vellore District on condition that the petitioner shall execute a 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 respondent police on every Saturday at 10.30 am., for a period of four weeks and thereafter as and when required for interrogation.

[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 them

from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[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. [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 Jai/grs 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 Katapadi Police Station, Vellore District.

2. The Judicial Magistrate, katpadi, Vellore District.

3. The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

jai/grs 30-12-2025