Rajendran Vs The State by

PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S, to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.198 of 2025 pending investigation on the file of Inspector of Police, Nangavalli Police Station, Salem.

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For Petitioner : Mr.Saravanan.A For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side) **********

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O R D E R

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

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for the offences punishable under Section 21(1) of the Mines & Minerals (Development & Regulation) Act, 1957 and Section 303(2), 62 of B.N.S.Act, 2023, in Crime No.198 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner had illegally transported

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Red sand in a Tipper Lorry bearing registration No.TN-31-AA-4117, JCB bearing

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No.TN 24 AX 8791 without any valid licence. Hence, the case.

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3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has been falsely implicated in this case; that the petitioner has not committed any offence as alleged by the prosecution; and that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.

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4. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and he opposed for grant of anticipatory bail to the petitioner. He further submitted that 13 previous cases are pending against the petitioner.

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5. Heard the learned counsel for the petitioner and the learned Government

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Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

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6 . Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, and since, custodial interrogation 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 made ready, before the learned Judicial Magistrate No.1, Mettur, on condition that the petitioner shall 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 of the learned Magistrate/Judge 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 Judicial Magistrate Court at 10.30 a.m., from Monday to Friday until further orders and he shall report before the respondent police on Saturday and Sunday at 10.30a.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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283 ];

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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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Note:-

1. 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 official website of this Court will be watermarked and will also have a QR code.

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