Anbarasan 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 Anbarasan Petitioner Vs State Rep. by The Inspector of Police, Thimmampattai Police Station, Thimmampattai, Thirupathur District.
(Crime No.125 of 2025) Respondent PRAYER : Criminal Original Petition filed under 482 of BNSS Act, 2023 to enlarge the petitioner on bail in the event of his arrest in crime No.125 of 2025 on the file of the Inspector of Police, Thimmampettai Police Station, Thimmampettai, Thirpathur District. For Petitioner:
Mr.Vinodh Kumar For Respondent:
Mr.S.Udaya Kumar Government Advocate (Crl.Side)
ORDER
The petitioner/accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2),
326(a) of B.N.S. Act in connection with the Cr.No.125 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was found transporting one unit of river sand illegally in a lorry bearing Registration No.TN 83 F 9356. Hence, the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found in possession of one unit of river sand and that there are 2 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.
6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence and the quantity of material
involved in this case, also the fact that though the petitioner has some previous cases, in all the cases, he has been released on bail, this Court is 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, Vaniyambadi 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 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. [b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.; [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 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023. 30-12-2025 Index:Yes/No Internet: Yes/No Speaking/Non-speaking order sp 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 Judicial Magistrate, Vaniyambadi.
2.The Inspector of Police, Thimmampattai Police Station, Thimmampattai, Thirupathur District.
3.The Public Prosecutor, High Court of Madras.
P.DHANABAL J.
sp 30-12-2025