Guna Alias Guasekaran v. The State Rep. by the Inspector of Police

O R D E R The petitioner, who apprehends arrest for the alleged offence under Sections 303(2), 326(a) of the Bharatiya Nyaya Sanhita (BNS) Act, in Crime No.192 of 2025, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that while the respondent police was on regular patrol, the petitioner along with other accused were found to be involved in illegal transportation of 100 kgs of river sand without any valid permit or licence and that the petitioner was caught red handed by the respondent police. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

¶5Heard the submissions made by the learned counsel on either side and also perused the materials available on record.

¶6From the submission made by the learned Government Advocate

(Crl.Side) the petitioner does not have any previous cases. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that he has no previous case, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on anticipatory 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 made ready, before the learned Judicial Magistrate No.III, Vellore, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial

Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall sign before the respondent police twice a day at 10.30 a.m., and 5.30 p.m., for a period of four weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

13.03.2026 ssi To:

1.The Judicial Magistrate No.III, Vellore, Vellore District.

2.The Inspector of Police, Virudampet Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras. C.KUMARAPPAN,J., ssi

13.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.03.2026 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Guna @ Gunasekaran ... Petitioner/A3 Vs. The State Rep. by The Inspector of Police, Virudampet Police Station, Vellore District. ... Respondent (Crime No.192 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.192 of 2025 on the file of the respondent police. For Petitioner : Mr.K.Sathish Kumar For Respondent : Mr.P.Dhileepan Government Advocate (Crl. Side)