Ramadass v. The State Rep. by the Inspector of Police

ORDER The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 303(2) of BNS Act (Corresponding Section 379 of IPC) and Section 21(1) of Mines & Minerals (Development & Regulation) Act 1957 in Crime No. 109 of 2026 on the file of the respondent Police, seeks anticipatory bail.

¶2The learned counsel for the petitioner, pleading innocence on the part of the petitioner and false implication in the case, seeks indulgence of this Court. He submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.20,000/- to any welfare scheme of the Government or any other organization. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore he prayed to grant anticipatory bail to the petitioner.

¶3The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the quantity of river sand involved is four units. He further submitted that there is no previous case against the petitioner.

¶4Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the District Legal Services Authority, Tiruvannamalai, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

¶5Having heard the learned counsel for the petitioner, the learned Government Advocate for the respondent Police and perused the materials available on record and considering the fact that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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-II, Tiruvannamalai District, on condition that the petitioner shall execute 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 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, daily 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 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.

27.05.2026 Note:

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

¶2All concerned to act on this order being uploaded on 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. To:

¶1The learned Judicial Magistrate-II, Tiruvannamalai District.

¶2The Inspector of Police, Polur Police Station, Thiruvannamalai District.

¶3The Public Prosecutor, Madras High Court. MOHAMMED SHAFFIQ, J av/cda

27.05.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.05.2026 CORAM THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ Ramadass, S/o. Thotti No.384, Mariyamman Kovil Street, Se.Nachipattu Village, Thiruvannamalai District. .. Petitioner/Accused Vs. The State Rep. by the Inspector of Police, Tiruvannamalai West Police Station, Tiruvannamalai District. (Crime No.109/2026) .... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.109 of 2026 on the file of respondent police. For Petitioner : Mr.E.Sathiyaraj For Respondent : Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)