Sakthivel Vs State Rep by, The Inspector of Police

Prayer : Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No.277 of 2024 on the file of the respondent police.

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For petitioner : Mr.T.Murganantham For Respondent : Mr.Leonard Arul Joseph Selvam 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

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respondent police for the offences punishable under Section 21(1) of M.M (D and R) Act and Section 303 (2)of BNS Act in Crime No.277 of 2024, seeks anticipatory bail.

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

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Crl OP No.4778 of 2025

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The case of the prosecution is that, the petitioner had illegally

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transported 1 unit of river sand in a lorry.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case and prayed for anticipatory bail for the petitioner.

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4.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 there are three previous cases against the petitioner and he is on bail in those cases

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5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

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

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

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fact that the contraband was seized, the fact that the petitioner is on bail

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Crl OP No.4778 of 2025

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in the other cases and since, custodial interrogation is not required for the

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purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7.Accordingly, 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-II Court, Jayankondam 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 conditions that:

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[a] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

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Crl OP No.4778 of 2025

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[d] On breach of any of the aforesaid conditions, the learned

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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 is 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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