C.Velu v. State Rep. By, the Inspector of Police,

ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 303(2) of BNS Act 2023 r/w. Section 21(1) of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.183 of 2025, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the tractor of the petitioner herein used for illegal mining and transporting river sand.

¶3The learned Government Advocate appearing for the respondent police states that the tractor as well as the 3/4 th unit of sand transported in the vehicle were seized and confiscation proceedings is contemplated.

¶4Heard the learned counsel on both sides and perused the materials available on record.

¶5Considering the fact that the respondent police has arrested A1, the driver of the tractor and released on bail and tractor is already been seized, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.183 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 his appearance, within a period of 10

(ten) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sangarapuram, Kallakurichi District, on condition that the petitioner 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 learned Magistrate concerned and on further condition that:

[a] If the petitioner fails to surrender before the concerned Magistrate, within a period of 10 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 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. 25-08-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

¶1The Judicial Magistrate, Sangarapuram, Kallakurichi District.

¶2The Inspector of Police, Vadaponparappi Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court of Madras. Dr.G.JAYACHANDRAN J. jd CRL OP No. 23336 of 2025

25-08-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-08-2025 CORAM THE HONOURABLE DR JUSTICE G. JAYACHANDRAN C.Velu ...Petitioner Vs. State rep. by The Inspector of Police, Vadaponparappi Police Station, Kallakurichi District. Crime No.183 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 the arrest in connection with the Crime No.183 of 2025 on the file of the respondent police. For Petitioner(s): Mr.T.Balachandran For Respondent(s): Mr.S.Udayakumar, Government Advocate (Crl. Side)