K.Kumaran v. State Rep. By, the Inspector of Police,

O R D E R The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS (Section 379 of IPC) r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.246 of 2025, on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the offence alleged is that the petitioner illegally transported one unit of river sand without valid permit using the tractor. Hence, the complaint.

¶3The learned Government Advocate (Crl. Side) submits that the petitioner is the owner cum driver of the vehicle and has one previous case of similar in nature. He also submits that the vehicle and the contraband were seized and that the respondent police have initiated confiscation proceedings. However, he opposed the grant of anticipatory bail to the petitioner.

¶4Heard the learned counsels on either side and perused the materials available on record.

¶5Considering the fact and the objection by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

¶6Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- [Rupees Twenty Five Thousand Only] to the credit of Crime No.246 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 28.08.2025, before the learned Judicial Magistrate No.III, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate on or before 28.08.2025, 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 the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

19.08.2025 drl To

1.The Judicial Magistrate No.III, Vellore.

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

¶3The Public Prosecutor, High Court of Madras. Dr.G.JAYACHANDRAN,

J. drl

19.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.08.2025 CORAM THE HON'BLE DR.JUSTICE G.JAYACHANDRAN K.Kumaran ... Petitioner Vs. The State Rep. by, The Inspector of Police, Veppankuppam Police Station, Vellore District. Crime No.246 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of apprehending arrest in Crime No.246 of 2025 on the file of respondent Police. For Petitioner : Mr.D.Ilayaraja For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side)