Sankar 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 Sankar Petitioner(s) Vs The State Rep by The Inspector of Police Kaikalathur Police Station, Perambalur District. Crime No.125 of 2025.
Respondent(s) PRAYER To enlarge the petitioner on bail in the event of arrest on connection with Crime No.125 of 2025 pending investigation on the file of Respondent police and thus render Justice.
For Petitioner(s):
Mr.D.Balaji For Respondent(s):
Mr.S.Udaya Kumar Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in connection with the case in Crime No.125 of 2025, seeks anticipatory bail.
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2. The case of the prosecution is that on 07.10.2025, the Village Administrative Officer had conducted a raid in Kariyanur to Pillangulam Road, Perunella Limit near Vellai River. At that point, petitioner was found to be in possession of 1 Unit of river sand in vehicle bearing Registration No.TN 91 AW 9722.
3. Learned counsel for the petitioner would contend that a false case has been foisted against the petitioner, the material objects have been seized; 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 (Criminal Side) appearing on behalf of the respondent, per contra, would submit that the respondent police seized the sand and the vehicle, investigation is pending and opposed to grant A.B. to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
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6. Considering the nature of allegations, the material objects were seized by the respondent police and since the custodial interrogation of the petitioner is not required for the purpose of investigation, and no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner on certain 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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Veppanthattai, Perambalur District on condition that the petitioner shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only), with two sureties 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 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. [c] the petitioner shall not tamper with evidence or witness either during Page No.
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 absconds, a fresh FIR can be registered under Section 269 B.N.S.
30-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni To 1.The District Munsif cum Judicial Magistrate, Veppanthattai, Perambalur District.
2.The Inspector of Police Kaikalathur Police Station, Perambalur District. 3.The Public Prosecutor, Page No.4 of 6
Madras High Court, Chennai.
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P.DHANABAL J.
Jeni 30-12-2025 Page No.6 of 6