Kalai Kumar v. The State Represented by the Inspector of Police

ORDER The petitioner / Accused-3, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of B.N.S. in connection with the case in Crime No.88 of 2026, seeks anticipatory bail. Page2 of 6

¶2The case of the prosecution is that on 05.05.2026, the defacto complainant lodged a complaint with the respondent police alleging that the petitioner and others were illegally transported 2 units of sand without any valid licence.

¶3Learned counsel for the petitioner would contend that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any condition that may be imposed on him and he is ready to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side), reiterated the prosecution case and would submit that the petitioner has no previous case pending against him and the respondent police has seized one unit of sand. Hence, he strongly opposed the grant of anticipatory bail to the petitioners.

¶5Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

¶6Considering the trivial nature of the offence and taking into account the fact that the petitioner has no previous case, and the quantity of the Page3 of 6 contraband, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

¶7Accordingly, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Gumudipoondi on condition that the petitioners 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 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. [c] the petitioner shall report before the respondent police every Saturday at 10.30 a.m., for four weeks and thereafter as and when required for interrogation by the respondent police. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial. Page4 of 6 [f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 14-05-2026 nl Index: Yes/No Speaking/Non-speaking order Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. Page5 of 6 To

1.The Judicial Magistrate, Gummidipoondi.

2.The Inspector of Police Pathirvedu Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras CRLoOPoNo.o12997oofo2026 P.DHANABAL,oJ. nl CRLoOPoNo.o12997oofo2026 14-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Kalai Kumar S/o.Haridoss, No.79, Kannadasan Nagar, Therovy Village, Thiruvallur District. ..Petitioner Vs The State Represented by The Inspector of Police Pathirvedu Police Station, Thiruvallur District. Crime No. 88/2026. ..Respondent To enlarge the Petitioners on bail in the event of their arrest concerned in Crime No. 88 of 2026, on the file of the Inspector of Police, Pathirvedu Police Station, Thiruvallur District. For Petitioner : Mr.M.Vetrivel For Respondent : Mr.A.Gopinath, Government Advocate (Crl. Side)