Anandhan v. State Rep by

ORDER The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) & 326(a) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.309 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner was found to be in possession of 5 cement bags of river sand in vehicle bearing Registration No.TN 23CZ5025.

¶3Learned counsel for the petitioner would contend that a false case has been foisted against the petitioner and the material objects have been seized; that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that the respondent police seized the sand and the vehicle and the petitioner has no previous case.

¶5Heard the learned counsel on either side.

¶6Considering the nature of allegations, the material objects were seized by the respondent police and since the custodial interrogation of the petitioner is not required for the purpose of investigation, and no previous case is pending against the petitioner, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Ambur, Thirupathur 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 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 on Saturday at 10.30 a.m for a period of two (2) weeks. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner 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 dna/kas Note:

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All 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. Copy to:

1.The Judicial Magistrate Ambur Thirupathur District.

2.The Sub-Inspector of Police, Ambur Taluk Police Station, Tirupathur District. (Crime No.309 of 2025)

3.The Public Prosecutor, High Court of Madras, Chennai – 600 104. P. DHANABA

L, J. dna/kas

30.12.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.12.2025 CORAM THE HON'BLE MR.JUSTICE P.DHANABAL Anandhan … Petitioner Vs. The State Represented by, The Sub-Inspector of Police, Ambur Taluk Police Station, Tirupathur District. (Crime No.309 of 2025) ...Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.309 of 2025 on the file of the Sub-Inspector of Police, Ambur Taluk Police Station, Thirupathur District. For Petitioner : Mr.Siddharth S For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)