Citation : 2026 Latest Caselaw 2370 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11820 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11820 of 2026
1. Kumaran
S/o.Krishnamoorthy,
Residing at No.252,
Thiruvalluvar Street,
Ereeyur, Vellore-632103.
..Petitioner(s)
Vs
The State rep.by
The Inspector of Police,
Veppankuppam Police Station,
Vellore.
Cr.No.83/2026.
..Respondent(s)
PRAYER: This Criminal Original Petition filed under Section 482 of BNSS,
to enlarge the petitioner/accused on bail in the event of his arrest in Cr.No.83 of
2026 on the file of the respondent police.
For Petitioner(s): M/s.A Vinupradha
For Respondent(s): Mr.A.Gopinath
Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent
police for the offences punishable under Sections 303(2), 326 of BNS Act 2023
r/w Section 21 of Mines and Minerals (Development & Regulation) Act, in
Crime No.83 of 2026, on the file of the respondent police, seeks anticipatory
bail.
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2. The allegation against the petitioner is that, at the time of inspection,
the petitioner along with other accused was found to be in illegal transportation
of two units of morambu sand in a tipper lorry. Hence, a case has been
registered against the petitioner.
3. The learned counsel appearing for the petitioner submitted that the
petitioner has been falsely implicated in this case and he has not committed any
offence as alleged by the prosecution. He further submitted that the petitioner is
ready to abide by any conditions that may be imposed by this court. Hence, he
prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent reiterated the prosecution case and on instructions submitted that the
petitioner has two previous cases pending against him. However, he opposed to
grant anticipatory bail to the petitioner.
5. Accordingly, the petitioner is ordered to be released on bail in the event
of arrest or on his appearance, 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 learned Judicial Magistrate,
Vellore, within a period of fifteen days from the date on which the order made
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ready and on further conditions that:
[a]the petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand only), non-refundable, to the account of CANCER INSTITUTE (WIA), maintained with Andhra Bank, Madhya Kailash Branch, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Code 1497 and MICR No.600011049 and the receipt of such payment shall be produced before the concerned Magistrate at the time of execution of the bond for the purpose of ensuring his identity;
b) 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 Aadhaar 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 the 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 are 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].
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[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
07-05-2026 DRL
To
1.The Judicial Magistrate, Vellore.
2.The Inspector of Police, Veppankuppam Police Station, Vellore.
3.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI, J.
DRL
07-05-2026
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