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Madras High CourtCRL OP/35615/2025granted

Ramamoorthy v. State Rep By, Inspector Of Police,

2025-12-26Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Ramamoorthy Petitioner Vs State Rep By, The Inspector Of Police, Thiruttani Police Station, Tiruvallur.

Cr.No.593/25.

Respondent PRAYER: Criminal Original Petition filed under 483 of BNSS Act, 2023 to enlarge the petitioner on bail in Cr.No.593 of 2025 on the file of the Inspector of Police, Thiruttani Police Station, Tiruvallur. For Petitioner:

Mr.P.Chandrasekar For Respondent:

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.12.2025, for the alleged offences punishable under Sections 303(2), 326 BNS Act r/w. 21(1) MMDR Act in Crime No.593 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found transporting one unit of river sand worth Rs.13,000/- illegally in a tractor bearing Registration No.AP.03 AT 4432. 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 would further submit that the petitioner was arrested and is in judicial custody from 12.12.2025. Hence, he prayed bail for 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 no previous case is pending against the petitioner. However, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

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 no previous case is pending against the petitioner and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate, Tiruthani, and on further conditions that:- [b] the petitioner shall report before the respondent police on every Saturday for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] 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 or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 absconds, a fresh FIR can be registered under Section 269 BNS.

26-12-2025 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, Tiruthani.

2.The Inspector of Police, Thiruttani Police Station, Tiruvallur.

3.The Superintendent, Sub-Jail, Tiruthani.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

shl 26-12-2025