Arul Vs State Rep by Inspector of Police

PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of arrest in the hands of Respondent in Cr.No. 260 of 2025 pending investigation on the file Respondent Police.

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For Petitioner(s): Mr.Hariharan B For Respondent(s): Mr.S.Udayakumar Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 21459 of 2025

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ORDER

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The petitioner, who apprehends arrest at the hands of the respondent

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police for the offences punishable under Sections 303(2) and 326(a) of BNS

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read with 21(5) of Mines and Minerals (Development and Regulation) Act,

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1957 in Crime No.260 of 2025 on the file of respondent police, seeks anticipatory bail.

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The case of the prosecution is that on 20.07.2025, the petitioner

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illegally transported quarter unit of river sand by using a bullock cart. Hence,

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this case.

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The learned counsel for the petitioner would submit that the petitioner

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has not committed any offence as alleged by the prosecution and he has been

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falsely implicated in this case. However, on instructions he further submitted

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that without prejudice to his rights and contentions, the petitioner is prepared to

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deposit/pay some considerable amount as may be directed by this court. Hence,

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he prays to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for

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respondent police objected for the grant of anticipatory bail to the petitioner

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CRL OP No. 21459 of 2025

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stating that the quantity of sand involved in this case is quarter unit. However,

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he submitted that there is no previous case against the petitioner.

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Considering the above facts and circumstances of the case and the fact

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that there is no previous case against the petitioner, this Court is inclined to

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grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the

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event of arrest or on his appearance, within a period of fifteen days from the

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date on which the order copy made ready, before the learned Judicial

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Magistrate, Chengam on condition that the petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) as non-refundable deposit to the

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credit of the registered Advocate Clerks Association, Tiruvannamalai and

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the petitioner shall also 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 respondent police or the police officer who intends to arrest or to the satisfaction

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of the learned Magistrate concerned, failing which, the petition for anticipatory

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bail shall stand dismissed and on further condition that:

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[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the

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CRL OP No. 21459 of 2025

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Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of four weeks and thereafter as and when required for interrogation.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[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].

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[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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11-09-2025

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ksa-2

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 21459 of 2025