Crl.OP.No.2246 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.OP.No.2246 of 2025 Vallepu Esu ... Petitioner Vs. State by Tamil Nadu, The Inspector of Police, Vengal Police Station, Tiruvallur. ... Respondent (Crime No.191 of 2024) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail on event of arrest in Crime No.191 of 2024 on the file of the respondent police. For petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379, 430 of IPC r/w 21(1) Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.191 of 2024, seeks anticipatory bail. Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.2246 of 2025 2. The case of the prosecution is that on 25.03.2024, while the respondents were on regular patrol duty, they found that the petitioner was transporting river sand in Lorry Pickup bearing registration No.AP-07-TN- 2439, without any license. Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that there is no previous cases pending against the petitioner; and that in any case, the custodial interrogation is not required for the purpose of investigation. Hence, he prays for grant of anticipatory bail to the petitioner. 4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and on instructions submitted that the contraband was only seized from the petitioner. Hence, he opposed for granting anticipatory bail to the petitioner. Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.2246 of 2025 5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 6. Considering the nature of allegations; that no previous case is pending against the petitioner; 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. 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Tiruvallur, 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 said Magistrate, on further condition that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.2246 of 2025 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [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 reported in [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.2246 of 2025 07.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No Internet: Yes/No dpa To 1.The Inspector of Police, Vengal Police Station, Tiruvallur. 2. The Public Prosecutor, Madras High Court, Chennai. 3.The Judicial Magistrate No.I, Tiruvallur SUNDER MOHAN, J. dpa Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.2246 of 2025 Crl.OP.No.2246 of 2025 07.02.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis