Gokul Kumar v. The State Rep by the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) and 326(a) of BNS, 2023 in Crime No.210 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner was involved Page2 of 6 in illegal transportation of three units of river sand using tipper lorry 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 was innocent and that 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 (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that one previous case of a similar nature was registered against the petitioner in the year 2021. Hence, she opposed the grant of anticipatory bail to the petitioner

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

¶6From the submission made by the learned Government Advocate (Criminal Side) it is seen that though the petitioner has one previous case of similar in nature registered in the year 2021, this Court is of the firm view that Page3 of 6 the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions.

7.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 is made ready, before the Learned Judicial Magistrate, Katpadi, Vellore District, 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 conditions:

(a) If the petitioner fails to surrender before the concerned learned 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 is directed to produce a demand draft for a sum of Rs.80,000/- (Rupees Eighty thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Vellore District', (Non refundable) before the learned Judicial Magistrate, Katpadi, Vellore District; Page4 of 6

(d) On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector. Upon receipt of the said amount, the District Collector shall realise and utilise the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025;

(e) The petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks and there after as and when required for interrogation;

(e) 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];

(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-08-2026 DRL Page5 of 6 To

1.The Judicial Magistrate, Katpadi, Vellore.

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

3.The Public Prosecutor, High Court, Madras.

4.The Chairman / District Collector, Vellore District. CRLoOPoNo.o21598oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o21598oofo2026 06-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Gokul Kumar No14 4C VOC Nagar Paventhar Nagar Sathuvacheri Vellore ..Petitioner(s) Vs The State Rep by The Inspector of Police Katpadi Police Station, Vellore District. Crime No.210 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory Bail to the petitioner in Crime no.210 of 2026 in the event of arrest pending on the file of the Respondent Police. For Petitioner(s): MR. Sriraam MS For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)