Partly allowed

Venkatesan v. The State Represented by, The Sub-Inspector of Police

Madras HC9 Sept 2025CRL OP/20960/2025

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner accused of illegal river sand transportation under BNS 2023 and MM(D&R) Act 1957. The petitioner must deposit Rs.10,000 and execute a bond with two sureties. Conditional bail includes police reporting and surety intimation.

What did the court decide?

Anticipatory bail directed contingent on deposit of Rs.10,000 and execution of bond with sureties satisfying police or Magistrate.

Venkatesan Vs The State Represented by, The… — Mining and Natural Resources | Madras HC (2025)

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CRL OP No. 20960 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26-09-2025

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CORAM

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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CRL OP No. 20960 of 2025

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1. VENKATESAN

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Son of Kuppan, No.693, Road Street, Vadugasathu Village, Tiruvannamalai District-632316

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Petitioner(s)

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The State Represented by, The SubInspector of Police, Arni Taluk Police Station, Tiruvannamalai District. (Crime No.443 of 2025)

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Respondent(s)

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For Petitioner(s) Mr.Saravanan G Respondent(s): Dr.C.E.Pratap Government Advocate (Crl.Side)

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

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CRL OP No. 20960 of 2025

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ORDER

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Today, the matter is listed under the caption "for being mentioned", at the

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instance of the learned counsel for the petitioner.

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It is brought to the notice of this Court that some error has been crept

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in paragraph Nos.6 & 9 of the order dated 09.09.2025. The said paragraph

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Nos.6 & 9 are to be replaced as follows:

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" 6. In order to curb the illegal activities, this Court is of the opinion that the petitioner shall deposit a sum of Rs.10,000/as non refundable deposit to "The Registered Advocate Clerk Association, Arni , Thiruvannamalai District", without prejudice to his rights and contentions before the trial Court.

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9 . Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- by way of Demand Draft/RTGS/NEFT to "The Registered Advocate Clerk Association, Arni , Thiruvannamalai District", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 learned Judicial Magistrate, Arni , Thiruvannamalai , on condition that

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

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CRL OP No. 20960 of 2025

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the petitioner shall execute 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 condition that:”

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Registry is directed to incorporate the above paragraph Nos.6 & 9

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quoted above and issue fresh order copy to the parties forthwith.

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4. In other respects, the order dated 09.09.2025 shall remain

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unaltered.

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26-09-2025

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

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

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CRL OP No. 20960 of 2025

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1.The Judicial Magistrate, Arni , Tiruvannamalai District.

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2.The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.

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3.The Public Prosecutor, Madras High Court, Chennai.

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

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CRL OP No. 20960 of 2025

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T.V.THAMILSELVI J. rri

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CRL OP No. 20960 of 2025

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26.09.2025

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

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CRL OP No. 20960 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-09-2025

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CORAM

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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CRL OP No.20960 of 2025

VENKATESAN

...Petitioner(s)

State, Rep by The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District. (Crime No.443 of 2025)

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...Respondent(s)

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Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No. 443 of 2025 on the file of the respondent police.

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For Petitioner(s) : Mr.Saravanan G

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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. 20960 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 the Bharatiya Nyaya Sanhita, 2023 read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No. 443 of 2025, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioners had illegally

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transported 1 unit of river sand in a Tractor with Trailer bearing Reg.No.TN 25 BW 7598. Hence, the case.

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3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he is no way connected with the alleged offences. He would also submit that without prejudice, the petitioner is prepared to deposit an amount of Rs.10,000/- as non- refundable deposit to any welfare scheme of the Government and he is prepared to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) for the respondent

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

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CRL OP No. 20960 of 2025

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Police would submit that the petitioner had illegally transported 1 unit of river

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sand in a Tractor with Trailer bearing Reg.No.TN 25 BW 7598. However, he

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vehemently opposed to grant anticipatory bail to the petitioners.

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5. Heard the learned counsel for the petitioner as well as the learned

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Government Advocate and perused the entire materials available on record

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including the First Information Report.

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6. In order to curb the illegal activities, this Court is of the opinion that the petitioner shall deposit a sum of Rs.10,000/- as non refundable deposit to

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"The Registered Advocate Clerk Association, Thiruvannamalai District",

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without prejudice to his rights and contentions before the trial Court.

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7. Merely, because the petitioner deposits the said amount, it would not

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amount to admission of his guilt. Therefore, it is open to the trial Court to deal

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with the case independently.

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8. Taking into consideration the facts of the case and the submissions

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made by the learned counsel and also taking note of the fact that the petitioner

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has prepared to deposit Rs.10,000/- to any welfare scheme of the Government,

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this Court is inclined to grant anticipatory bail to the petitioner with certain

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

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CRL OP No. 20960 of 2025

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conditions.

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9. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/-

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by way of Demand Draft/RTGS/NEFT to "The Registered Advocate Clerk

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Association, Thiruvannamalai District", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 learned Judicial Magistrate, Thiruvannamalai , on condition that the petitioner shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum

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to the satisfaction of the respondent police or the police officer who intends to

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arrest or to the satisfaction of the learned Magistrate concerned, failing which,

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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

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

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CRL OP No. 20960 of 2025

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[b] the petitioner is directed to report before the respondent police on every Saturday at 10.30 a.m. for a period of eight 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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09-09-2025

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mps

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

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CRL OP No. 20960 of 2025

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1.The Judicial Magistrate, Tiruvannamalai District.

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2.The Sub-Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.

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3.The Public Prosecutor, Madras High Court, Chennai.

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Note:

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Registry is directed to forthwith upload this order in the Official Website of this Court.

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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 the Official Website of this Court will be watermarked and will also have a QR Code.

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

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CRL OP No. 20960 of 2025

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T.V.THAMILSELVI, J.

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mps

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CRL OP No.20960 of 2025

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09.09.2025