Abinesh @ Vishwa Abilash 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. Abinesh @ Vishwa Abilash 2.Krishnan Petitioner(s) Vs The State Rep By, The Inspector of Police Banavaram Police Station, Ranipet District.
(Crime No. 315 of 2025) Respondent(s) PRAYER: Criminal Original Petition filed under 482 of BNSS Act, 2023, to enlarge the Petitioners on bail in the event of their arrest in connection with Crime No. 315 of 2025 on the file of the Respondent Police. For Petitioner(s):
Mr.V.Manimaran 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 Section 303(2) of BNS Act (Section 379 of IPC) in connection with Crime No.315 of 2025, seek anticipatory bail.
2. The case of the prosecution is that the petitioners were found illegally transporting 1 Ton of rocks in a vehicle viz., Bolero bearing Reg.No.TN-73AX-9151. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioner are innocent and they have been falsely implicated in this case. Hence, he prays for the grant of anticipatory bail to the petitioners.
4. The learned Government Advocate appearing for the respondent police reiterated the prosecution case, investigation is pending, no previous case is pending against the petitioner and opposed for grant of anticipatory bail to the petitioners.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the 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 petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain 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 Judicial Magistrate No.I, Walajapet, on condition that the petitioners shall execute a 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 the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioners 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial. [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 petitioner 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)13 SCC 283].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
30-12-2025 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To
1. The Judicial Magistrate No.I, Walajapet.
2. The Inspector of Police Banavaram Police Station, Ranipet District.
3. The Public Prosecutor, High Court of Madras.
P.DHANABAL J.
jd CRL OP No. 36063 of 30-12-2025