Raji Vs The State rep.by, The Inspector of Police

PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.138 of 2025 on the file of the respondent Police.

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For Petitioner : M/s.R.Rajasekar For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)

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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 Section 303(2), 326(a) of BNS Act r/w Section 21(1) Mines & Minerals (Development and Regulation) Act in Crime No.138 of 2025, seeks anticipatory bail.

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The case of the prosecution is that the petitioner along with other accused had illegally transported 1/4 unit of river sand.

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The learned counsel appearing for the petitioner submitted that

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the petitioner is innocent; that he has been falsely implicated in this case and prayed for anticipatory bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents.

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Taking note of the facts and circumstances of the case, nature

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of allegations, submissions made by the learned counsels on either side, the

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fact that the contraband was seized, the petitioner has no bad antecedents and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 is made ready, before the Judicial Magistrate, Cheyyar, 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 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 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 daily at 10.30 a.m., until further orders.

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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 Petitioners 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)AIR SCW 5560];

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

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17.04.2025

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Index : Yes / No Internet : Yes / No dpa

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