Crl.O.P.No.3170 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 3170 of 2025 V. Kumar S/o.Vengidusamy, No.100/2, Pudhumettur, Chinnathambipalayam, Anthiyur, PO, Erode District. Petitioner(s) Vs The State by, The Inspector or Police, Anthiyur Police Station, Erode District. Crime No. 58 of 2025. Respondent(s) For Petitioner(s): Saravanan A For Respondent(s): Public Prosecutor ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303 of BNS and Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.58 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3170 of 2025 2. The case of the prosecution is that, while the defacto complainant, who is the Special Revenue Inspector (Mines and Minerals) along with his officials were conducting inspection, they found that the petitioner, who is the driver cum owner of the vehicle bearing Registration No.TN-56-Y-1047 had illegally transported normal sand in his vehicle without any valid permit or license; that on seeing the defacto complainant, the petitioner fled away from the spot. Hence, this case. 3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case; that the petitioner had never 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, and prayed for anticipatory bail to the petitioner. 4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for the grant of anticipatory bail to the 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3170 of 2025 petitioner, stating that the petitioner was involved in illegal transportation of 2 units of ordinary sand in his vehicle; that the petitioner has one previous case; and that the investigation is pending. 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. 6. Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the fact that the petitioner is on bail for the other case and since, custodial interrogation is not required, 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Bhavani on condition that the petitioner shall 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3170 of 2025 execute a separate 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 condition that: [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. [b] the petitioner shall report before the respondent police on every Monday and Thursday at 10:30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3170 of 2025 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 of B.N.S. 10.02.2025 stn To 1. The State by, The Inspector or Police, Anthiyur Police Station, Erode District. Crime No. 58 of 2025. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3170 of 2025 SUNDER MOHAN, J. stn Crl.O.P. No.3170 of 2025 10.02.2025 6/6 https://www.mhc.tn.gov.in/judis