Gopi 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. Gopi 2.Sadhasivam 3.Raja Petitioner(s) Vs The State rep.by The Inspector of Police, Kanakammachatiram Police Station, Thiruvallur District. Cr.No.234 of 2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest pending investigation in Crime No.234 of 2025 on the file of Inspector of Police, Kanakammchatirm Police Station, Thiruvallur District.

For Petitioner(s):

Mr.A Vijayakumar For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of BNS read with Section 21(1) of TNMMDR Act in connection with the Cr. No.234 of 2025, seek anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, the respondent police intercepted the vehicle bearing Reg.No.AP-03-TF-1720 and they found the petitioners illegally transporting 6 units of river sand, without valid permission. Hence, the complaint.

3. Learned counsel for the petitioners submitted that petitioners are innocent persons, and they have been falsely implicated by the respondent police and they are in no way connected with the offences as alleged by the prosecution and hence he prayed to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) would submit that on the date of the alleged occurrence, the respondent police intercepted a vehicle bearing registration No.AP-03-TF-1720 which came from Andhra Pradesh and found the petitioners transporting 6 units of River sand without valid license. He further submitted

that the contraband and the vehicle used by the petitioners to transport the contraband were seized by the respondent police and that the petitioners have no previous cases, pending against them. However, he strongly objected to grant anticipatory bail to the petitioners.

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 contraband has been seized by the respondent police and that no previous cases are pending against petitioners, and also considering all other factors, 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruttani on condition that the each of the petitioners 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 petitioners shall report before the respondent police daily at 10.30 am., for a period of 30 days and thereafter as and when required for interrogation.

[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 or tamper with the evidence;

[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 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, Kanakammachatiram police Station, Thiruvallur District.

2. The Judicial Magistrate, Thiruttani.

3. The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

jai/grs 30-12-2025