Crl.O.P.No.7447 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.03.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.7447 of 2025 Praveen ... Petitioner Vs. The State represented by, The Inspector of Police, Mecheri Police Station, Salem District. (Crime No.74 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.74 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.T.Ganesan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 16.02.2025, seeking bail in Crime No.74 of 2025 registered for the offence under Sections 303(2) of BNS 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7447 of 2025 Act [ IPC 379] and Section 21(1) of Mines and Minerals ( Development & Regulation) Act. 2. The case of the prosecution is that the petitioner had illegally transported 3 units of red sand in a lorry bearing Reg.No.TN 93 C5913. Hence the case. 3. Learned counsel appearing for the petitioner submitted that petitioner is in custody from 16.02.2025 and since the sand and the vehicle was been seized, the petitioner may be released on bail. 4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that the petitioner has no previous case. 5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7447 of 2025 6. Considering, the fact that the sand and the vehicle has been seized; the fact that the petitioner has no bad antecedents; period of incarceration and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Mettur. [a] 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, 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; 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7447 of 2025 [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 B.N.S. 14.03.2025 Sma To 1. The Judicial Magistrate No.II, Mettur. 2. The Inspector of Police, Mecheri Police Station, Salem District. 3. The Superintendent, Sub Jail, Omalur. 4. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.7447 of 2025 SUNDER MOHAN., J. Sma Crl.O.P.No.7447 of 2025 14.03.2025 5/5 https://www.mhc.tn.gov.in/judis