- Court
- High Court of Madras
- Decided
- 30 December 2025
- Bench
- P.Dhanabal
- Case no.
- CRL OP 35458/2025
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Judgment
ORDER The petitioners / Accused 6 to 9, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 336 (2), 336
(3), 338, 340 (2), 303 (2) of BNS, 2023 r/w 21 (1) of Mines and Minerals (Development & Regulation) Act, 1957, in connection with the case in Crime No.190 of 2025, seeks anticipatory bail.
¶2The case of the prosecution is that the petitioners along with another accused were found to be in possession of 20 unit of red and gravel sand in five vehicles.
¶3Learned counsel for the petitioners would contend that the petitioners are the owners of the vehicles; that they are innocent and have been falsely implicated; that the material objects have already been seized; that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioners.
¶4The learned Government Advocate (Criminal Side), per contra, would submit that the respondent police seized the 20 unit of red and gravel sand along with the vehicles and that the petitioners / A6 to A9 have no previous cases against them.
¶5Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
¶6Considering the nature of allegations, the material objects were seized by the respondent police and since the custodial interrogation of the petitioners are not required for the purpose of investigation, and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
¶7Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No. I, Panruti on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioners 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. [c] the petitioners shall report before the respondent police everyday at 10.30 a.m for a period of thirty days. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
30.12.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes av/dsa Note:
¶1Registry is directed to forthwith upload this order in the official website of this Court.
¶2All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To
¶1The Inspector of Police, The Sub-Inspector of Police, Muthandikuppam Police Station, Cuddalore District.
¶2The Judicial Magistrate No.I, Panruti.
3.The Public Prosecutor, High Court, Madras. P.DHANABAL J. dsa/av
30-12-2025
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL 1. Selvamani 2. Muthu 3. Mohandass 4. Kumar …. Petitioners / Accused 6 to 9 Vs The State rep by its the Inspector of Police, Muthandiukuppam Police Stateion, Cuddalore District. In Crime No.190 of 2025. …. Respondent / Complainant PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioners / Accused 6 to 9 in Crime No.190 of 2025 on the file of the respondent police. For Petitioner(s): M/S.Raji For Respondent(s): Mr. S.Udaya Kumar Government Advocate [Criminal Side]
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