Crl.O.P.No.12063 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.04.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12063 of 2025 1.Sundaramurthy 2.Kalpana ... Petitioners Vs. The State represented by, The Inspector of Police, Kanai Police Station, Villupuram District. (Crime No.55 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of his arrest in Crime No.55 of 2025 on the file of the respondent Police. For Petitioners : Mr.Magesh Kumar 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 Sections 303(2) of BNS, 2023 r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.55 of 2025, seek anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12063 of 2025 2.The case of the prosecution is that the petitioners had illegally transported 3 units of rock sand. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent; that they have been falsely implicated in this case and prayed for anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the petitioners have no bad antecedents. 5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 6.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12063 of 2025 the contraband was seized, the petitioners have no bad antecedents and since, custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, 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 Judicial Magistrate Court No.I, Villupuram, on condition that the petitioners shall 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 conditions that: [a] the petitioners shall report before the respondent police daily at 10.00 a.m., until further orders. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial; [c] the petitioners shall not abscond either during investigation or trial. [d] On breach of any of the aforesaid conditions, the learned 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12063 of 2025 Magistrate/Trial Court is entitled to take appropriate action against the Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 23.04.2025 gbi 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12063 of 2025 To 1. The Judicial Magistrate Court No.I, Villupuram. 2. The Inspector of Police, Kanai Police Station, Villupuram District. 3. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.12063 of 2025 SUNDER MOHAN., J. gbi Crl.O.P.No.12063 of 2025 23.04.2025 6/6 https://www.mhc.tn.gov.in/judis