Aravindsammy v. The State Rep.By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Aravindsammy ... Petitioner Vs.

State, represented by The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

(Crime No.806 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.806 of 2022, on the file of the Inspector of Police, Sholavaram Police Station, Thiruvallur District.

For Petitioner : Mr.M.Vetrivel For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner / accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 and 430 of IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in connection with the Cr. No.806 of 2022 seek anticipatory bail.

2. The case of the prosecution is that on 24.09.2022, the petitioner was illegally transporting the savudu sand with the help of lorry without obtaining valid permission. Hence, the complaint.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, and he has been falsely implicated by the respondent police and he is in no way connected with the offences as alleged by the prosecution. He further submitted that the petitioner has no previous case pending against him.

4. Learned Government Advocate (Criminal Side) would submit that on the date of the alleged occurrence, when the respondent police along with his police parties were conducted routine vehicle check up, at that time, they found the petitioner illegally transporting savudu sand in a lorry. He further 2/6

submitted that during investigation, it was revealed that the accused is transporting lake sand without any valid permission; and that the petitioner has no previous case, 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 fact 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 No.II, Ponneri, 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 3/6

Saturday at 10.30 a.m., 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 him 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 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.

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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 official website of this Court will be watermarked and will also have a QR code.

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P.DHANABAL, J.

grs/jai To

1. The Judicial Magistrate No.II, Ponneri.

2. The Inspector of Police, Sholavaram Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras.

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