Selvam v. The State Rep. by Inspector of Police

O R D E R The petitioner / accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 326 (a), 303 (2) of BNS Act and Section 21(1) of Mines and Minerals (Development Regulation) Act, 1957 in connection with the Cr.No.351 of 2025 seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner was in possession of 6 units of the river sand without valid permission.

¶3Learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that the petitioner has no previous case pending against him.

¶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, and the fact that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

¶7Accordingly, 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 made ready, before the learned Judicial Magistrate No.1, Arakkonam 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 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 petitioner 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 petitioner shall report before the respondent police daily at

10.30 a.m until further orders; [d] the petitioner 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 dh/vum 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 Judicial Magistrate No.I, Arakkonam, Ranipet District.

2.The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

¶3The Public Prosecutor, High Court, Madras. P.DHANABAL,

J. dh/vum

30.12.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.12.2025 CORAM THE HON'BLE MR. JUSTICE P.DHANABAL Selvam ... Petitioner Vs. State Rep. By The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District. (Crime No.351 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in Crime No.351 of 2025 on the file of the respondent police. For Petitioner : Mr.Mahendra Babu.N For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)