[Cites 2, Cited by 0]
Madras High Court
Venkatesan vs State Rep By, Inspector Of Police, on 6 May, 2026
Crl.O.P.No.11704 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.05.2026
CORAM
THE HONOURABLE Mr. JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11704 of 2026
Venkatesan ... Petitioner(s)
Vs.
The State rep. by
The Inspector of Police,
Arni Taluk Police Station,
Tiruvannamalai District. ... Respondent(s)
Crime No.151 of 2026
PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.151 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.S.Kalaikumar
For Respondent(s) : Mr.V.J.Priyadarsana,
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
28.03.2026 for the alleged offences under Sections 303(2), 326(a) of BNS Act
read with Section 21(1) of Mines and Minerals (Development & Regulation)
Act 1957 in Crime No.151 of 2026 on the file of the respondent police, seeks
bail.
https://www.mhc.tn.gov.in/judis
2. The allegation against the petitioner is that the petitioner was involved
in illegal transportation of ¼ unit of river sand in Bullock cart without any valid
permit or licence. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and has been falsely implicated in this case. He would further submit
that the petitioner has been in custody since 28.03.2026 and is ready to abide by
any stringent conditions that may be imposed by this Court. He would further
submit that the petitioner, without prejudice to the defence and contention, is
ready and willing to deposit a sum of Rs.2,500/-, to any welfare scheme of the
Government or any other organization. Hence, he prayed for the grant of bail.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent, while opposing the grant of bail to the petitioner, reiterated the
prosecution case and, on instructions, submitted that the petitioner has three
previous cases.
5. Heard learned counsel for the petitioner and the learned Government
Advocate (Crl.Side) appearing for the respondent and perused the materials
available on record.
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6. Considering the voluntary submission made by the learned counsel for
the petitioner, the petitioner is directed to deposit a sum of Rs.2,500/- (Rupees
Two Thousand Five Hundred only) as non-refundable deposit, to the credit of
Tamil Nadu Advocate's Clerk’s Association, Bank Name: Indian Bank,
Branch: Indian Bank High Court, IFSC Code: IDIB000M157, Account
Name: Tamil Nadu Advocate's Clerk’s Association, Account No.484026006,
without prejudice to the right of defence before the Trial Court and making it
clear that it would not amount to admission of guilt.
7. Considering the above facts and circumstances, the voluntary
submission made on behalf of the petitioner, and the period of incarceration
undergone by the petitioner, this Court is inclined to enlarge the petitioner on
bail, subject to certain conditions.
8. Accordingly, the petitioner is ordered to be released on bail on his
executing 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 learned Judicial
Magistrate, Arni, and subject to the following conditions:
[a] 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
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of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent
police everyday at 10.30 a.m. for a period of 30 days and
thereafter as and when required for interrogation;
[c] the petitioner shall not abscond either during
investigation or trial;
[d] the petitioner shall not tamper with the evidence or
witness either during investigation or trial;
[e] on breach of any of the aforementioned conditions,
the learned Magistrate/Trial Court is entitled to take
appropriate action against the petitioners in accordance with
law as if the conditions had been imposed and the petitioner
released on bail by the learned Magistrate/Trial Court itself,
as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.
State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may
be registered under Section 269 of the Bharatiya Nyaya
Sanhita, 2023.
06.05.2026
dpa/skr
https://www.mhc.tn.gov.in/judis
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 the official website of this
Court will be watermarked and will also have a QR code.
To
1. The learned Judicial Magistrate, Arni.
2. The Superintendent, Central Prison, Vellore.
3. The Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.
4. The Public Prosecutor, High Court of Madras
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
dpa/skr
06.05.2026
https://www.mhc.tn.gov.in/judis
