Shanmugam v. State of Tamil Nadu Rep. By, the Sub-Inspector of Police,

O R D E R The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of BNS r/w 21(1) of M.M.Act, in Crime No.185 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 accused illegally transported 100 kgs of river sand without valid permit using the two-wheeler. Hence, the complaint.

¶3The learned Government Advocate (Crl. Side) submits that the petitioners have no previous case against them. 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 petitioners.

¶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 petitioners subject to certain conditions.

¶6Accordingly, the petitioners are directed to deposit a sum of Rs.1,000/- [Rupees One Thousand Only] each to the credit of Crime No.185 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 their appearance, within a period of 10(ten) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Chidambaram, Cuddalore District on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall report before the respondent police as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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.

26.08.2025 drl To

1.The Judicial Magistrate No.I, Chidambaram, Cuddalore District.

2.The Sub-Inspector of Police, Sethiyathope Police Station, Cuddalore District.

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

J. drl

26.08.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.08.2025 CORAM THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Shanmugam 2.Mani ... Petitioners Vs. State of Tamil Nadu, Rep. by The Sub-Inspector of Police, Sethiyathope Police Station, Cuddalore District. Crime No.185 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.185 of 2025 on the file of respondent Police. For Petitioners : Mr.M.Manivasagan For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side)