Citation : 2026 Latest Caselaw 2414 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11634 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. 11634 of 2026
Suresh @ Eduru Suresh
..Petitioner
Vs
State by,
Inspector of Police,
K.K.Chathiram Police Station,
Thiruvallur District.
Crime No.06 of 2026. ..Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of
his arrest by the respondent police concerned in Crime No.06 of 2026 on the file
of Inspector of Police, K.K.Chathiram Police Station, Thiruvallur District on his
appearance before the concerned Court.
For Petitioner: Mr.S.Sasikumar
For Respondent: Mr.A.Gopinath
Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.06 of 2026 registered
for the offences punishable under Section 303(2), 326(a) r/w Section 21(1) of
Mines and Minerals (Development and Regulation) Act, 1957, the present
petition has been filed seeking anticipatory bail.
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2. The case of the prosecution is that the petitioner was found illegally
transporting six units of silica sand without a valid bill. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the
petitioner is an innocent person and he has been falsely implicated in this case.
The learned counsel would further contend that the petitioner will not abscond
and is ready to abide by any condition imposed by this Court. Hence, he prayed
for granting anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent
police submitted that the petitioner was found illegally transporting six units of
silica sand without a valid bill. Hence, he opposed to grant bail to the petitioner.
5. At this juncture, the learned counsel for the petitioner submitted that
the petitioner, without prejudice to his defence and contentions, is ready and
willing to deposit an amount of Rs.20,000/- as a non-refundable deposit towards
philanthropic activities. Hence, he prayed for the grant of anticipatory bail to the
petitioner.
6. Heard the learned counsel appearing for the petitioner and the learned
Government Advocate (Crl.Side) for the respondent Police and perused the
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materials available on record.
7. Taking into consideration the facts of the case and also on considering
the voluntary submission made by the learned counsel for the petitioner, this
Court is inclined to grant anticipatory bail to the petitioner subject to the certain
conditions:
8. Accordingly, the petitioner is directed to make a non-refundable
deposit of Rs.20,000/- (Rupees Twenty Thousand only) (Non refundable)
towards the account of “CANCER INSTITUTE (WIA), Adayar, Savings Bank
Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer
Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36,
bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch
Name and Code 1497, MICR No.600011049”, without prejudice to his rights and
contentions before the trial Court. It is made clear that merely because the
petitioner deposits the said amount, it would not amount to admission of his
guilt. Therefore, it is open to the trial Court to deal with the case independently.
On such deposit and production of proof, 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 is made ready, before the learned
Judicial Magistrate, Tiruttani, on condition that the petitioner executes a bond
for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each
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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 his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[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 is 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
07-05-2026 NSL
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To
1. The Inspector of Police, K.K.Chathiram Police Station, Thiruvallur District.
2. The Public Prosecutor High Court of Madras.
3. The Judicial Magistrate, Tiruttani.
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L.VICTORIA GOWRI, J.
NSL
07-05-2026
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