Selvam v. The State Rep by Its

O R D E R The petitioner / accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) BNS Act, 2023 r/w. Section 21(1) of Mines and Minerals (Development Regulation) Act, 1957 in connection with the Cr.No.618 of 2025 seek anticipatory bail.

¶2The case of the prosecution is that on 21.11.2025, the petitioner was found to be in possession of 3 units of pebbles in the Tipper Lorry bearing Reg. No.TN 54 AZ 2206 without obtaining valid permission. Hence, the complaint.

¶3Learned counsel for the petitioners submitted that the petitioner is an innocent person, and he has been falsely implicated by the respondent police and he is in no way connected with the offences as alleged by the prosecution.

¶4The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that the respondent police seized the sand and the vehicles and there are 15 previous cases pending against the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the nature of offences quantity of the material seized and the fact that there are 15 previous cases pending against the petitioner which are not similar in nature and in all cases bail was granted to him and also considering all other factors, I am inclined to grant anticipatory bail to the petitioners subject to the following 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Ulundurpet, on condition that the petitioner 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] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [c] the petitioner shall not leave India without the previous permission of the Court; [d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

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-I, Ulundurpet.

2.The Sub-Inspector of Police, Ulundurpet Police Station, Kallakurichi 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. The State Rep. By its The Sub-Inspector of Police, Ulundurpet Police Station, Kallakurichi District. (Crime No.618 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.618 of 2025 on the file of the respondent police. For Petitioner : Ms.R.Renukadevi For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)