Ganesan v. the State Represented by, Inspector of Police
Case brief
What is this about?
Madras High Court (A.D. Jagadish Chandira, J.), 09.01.2025, Crl.O.P.No.421 of 2025: anticipatory bail allowed under S.482 BNSS 2023 in Crime No.236 of 2024 (S.303(2) BNS r/w 21(1) MMDR Act 1957 - vandal sand theft, 1 unit; no previous case). Terms: Rs.5,000 deposit to DLSA Sirkazhi; Rs.10,000 bond with two sureties; surrender within 15 days or automatic cancellation; daily reporting for two weeks then every Saturday; no tampering/absconding; breach actionable per P.K.Shaji v. State of Kerala (2005) AIR SCW 5560; fresh FIR under S.269 BNS if absconds. Relies on S.Mohamed Shahul Hameed v. State (SC, SLP(C) 6029/2020) - role of accused relevant in sand-mining anticipatory bail matters.
What did the court decide?
Anticipatory bail granted: petitioner to be released on bail in the event of arrest or on his appearance within fifteen days before the learned Judicial Magistrate, Sirkazhi, on a bond of Rs.10,000/- with two sureties each for a like sum, subject to a deposit of Rs.5,000/- to the District Legal Services Authority, Sirkazhi, and conditions of surrender within fifteen days (automatic cancellation on default), periodic reporting, non-tampering with evidence/witness, and non-absconding.