Mahendra v. 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 Mahendra Petitioner(s) Vs The State, rep. by The Inspector of Police, Ponnai Police Station, Vellore District.

(Crime No. 53 of 2025) Respondent(s) PRAYER: Criminal Original Petition filed under 482 of BNSS Act, 2023, to enlarge the Petitioner on bail in the event of his arrest in connection with Crime No. 53 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 petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) and 326 (a) of BNS Act, in connection with Crime No.53 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found illegally transporting 10 units of river sand in a vehicle bearing Reg.No.AP-07-TF-4619. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent police reiterated the prosecution case, investigation is pending, however no previous case is pending against the petitioner and opposed for grant of anticipatory bail to the petitioner.

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 petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 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 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 daily until further orders. [c] the petitioner shall not tamper with evidence or witness either during 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 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, Ponnai Police Station, Vellore District.

(Crime No. 53 of 2025)

3. The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

jd CRL OP No. 36066 of 30-12-2025