Crl.OP.No.3048 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.OP.No.3048 of 2025 1.Vadivel 2.Rajnivel @ Suryaprakash 3.Aakash @ Boopathy ... Petitioners Vs. State by Tamil Nadu, The Inspector of Police, Sankarapuram Police Station, Sankarapuram. Kallakurichi District. ... Respondent (Crime No.61 of 2025) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioners on anticipatory bail on event of arrest in Crime No.61 of 2025 on the file of the respondent police. For petitioner : Mr.P.Praveen For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side) O R D E R The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 21(1) Mines and Minerals (Development and Regulation) Act r/w Section 303(2) of BNS, in Crime Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3048 of 2025 No.61 of 2025, seek anticipatory bail. 2. The case of the prosecution is that while the respondents were on regular patrol duty, they found that the petitioners were transporting 1 unit of Sand in Tipper Tractor, without any license. Hence, the case. 3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He also submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioners. 4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and on instructions submitted that the contraband was seized from the petitioner. Hence, he opposed for granting anticipatory bail to the petitioner. 5.At this juncture, the learned counsel for the petitioners submitted that the petitioners are prepared to donate/pay some considerable amount to any charitable organization or association without prejudice to their defence Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3048 of 2025 and prayed for grant of anticipatory bail. 6.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record. 7. Considering the voluntary submission made by the learned counsel for the petitioners, the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each as non refundable deposit to the credit of “Sevalaya, No.F2, Pushkarani Apartment, 12 Ananda Road, Alwarpet, Chennai – 600 018. A/c. No.218601000134, ICICI Bank, Mylapore Branch, Chennai, IFSC Code: ICIC0002186, Cell No.9941450444”, without prejudice to the right of the defence before the Trial Court and making it clear that it would not amount to admission of guilt. 8. Considering the nature of allegations; and the fact that the material has been seized by the respondents; and custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3048 of 2025 9.Accordingly, petitioners are directed to make a non-refundable deposit of Rs.5,000/- each directly to the credit of “Sevalaya, No.F2, Pushkarani Apartment, 12 Ananda Road, Alwarpet, Chennai – 600 018”, without prejudice to the right of the defence before the Trial Court, on such deposit and production of proof, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Omalur, Salem District 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 concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioners 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; [b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3048 of 2025 during investigation or trial; [d] the petitioners shall not abscond 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 [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 07.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No Internet: Yes/No dpa SUNDER MOHAN, J. dpa To 1.The Inspector of Police, Sankarapuram Police Station, Page No.5 of 6 https://www.mhc.tn.gov.in/judis Crl.OP.No.3048 of 2025 Sankarapuram. Kallakurichi District. 2. The Public Prosecutor, Madras High Court, Chennai. 3.The Judicial Magistrate, Omalur, Salem District. Crl.OP.No.3048 of 2025 07.02.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis