[Cites 2, Cited by 0]
Madras High Court
Jagan vs State Rep By The Inspector Of Police on 14 May, 2026
CRL OP No. 13147 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 13147 of 2026
Jagan S/o.Nadarajan,
No. 2-301,
Pappureddikkuthagai,
Ayakkaranpulam 2 Sethi,
Vedaranyam Taluk,
Nagapattinam District.
..Petitioner(s)
Vs
State represented by:
The Inspector of Police
Voimedu Police Station,
Vedaranyam Taluk,
Nagapattinam District.
(Crime No. 96/2026)
..Respondent(s)
PRAYER: The Criminal Original Petition has been filed under Section 483 of
B.N.S.S. praying to enlarge the petitioner on bail in Crime No. 96/2026 on the
file of the respondent police.
For Petitioner(s): Mr. Subramanian Vaidyanathan
For Respondent(s): Mr. A. Damodaran,
Additional Public Prosecutor
ORDER
The petitioner/Accused, who was arrested and remanded to judicial
custody on 12.05.2026 for the offences punishable under Sections 303(2) of
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B.N.S. read with Section 21(1) of Mines and Minerals (Development &
Regulations) Act in Cr. No.96 of 2026 on the file of the respondent police,
seeks bail.
2. Today, the learned counsel appearing for the petitioner represented
that the petitioner was arrested by the respondent police and remanded to
judicial custody on 12.05.2026 and when he approached the Sessions Court, the
learned Sessions Judge stated as per the direction of the High Court, filing of
the petitions will be taken on every Monday and thereby advised him to file
application on Monday through online. He would further submit that since the
marriage engagement of the petitioner has been fixed on 18.05.2026, there is an
urgency to file petition and thereby, he prayed to permit him to file bail petition
before this Court. This Court ascertained the urgency as alleged by the learned
counsel for the petitioner through the respondent police and thereby permitted
the petitioner to file petition for bail today itself. Accordingly, the bail petition
has been numbered and taken on file and posted for hearing after furnishing
copies to the learned Additional Public Prosecutor.
3. The case of the prosecution is that the petitioner had illegally
transported sand in two unregistered lorries, without any license. Hence the
case.
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4. The learned counsel would further submit that the petitioner is an
innocent and he has not committed any offence as alleged by the prosecution.
The learned counsel would further submit that the petitioner has been under
judicial custody since 12.05.2026 and he does not have any bad antecedent and
his marriage engagement was fixed on 18.05.2026 and hence prayed for grant of
bail to the petitioner.
5. The learned Government Advocate (Criminal Side) appearing for the
respondent police has reiterated the prosecution case and objected for grant of
bail to the petitioner. However, the learned Government Advocate has fairly
submitted that sand and vehicle were seized by the respondent police.
6. Heard both sides and perused the materials available on record.
7. Considering the rival submissions on either side, the nature of
offences, the fact that no previous case is pending against this petitioner and
taking into consideration of the marriage engagement fixed for the petitioner on
18.05.2026 and also considering the incarceration period of this petitioner from
11.05.2026, I am inclined to grant bail to the petitioner, subject to the following
conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on
condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand
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only) with two sureties each for a like sum to the satisfaction of the learned
District Munsif cum Judicial Magistrate, Vedaranyam and on further
conditions that:
[b] the petitioner shall report before the respondent police on every
Saturday at 10.30 a.m. for a period of 4 weeks and thereafter, to appear
before the respondent police as and when required for interrogation.
[c] the petitioner shall not commit any offence similar to the offence of
which he is accused, or suspected, or of the commission of which he is
suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] 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;
[f] On breach of any of the aforesaid conditions, the learned Judicial
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].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under
Section 269 of B.N.S.
14-05-2026
MJS
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 District Munsif cum Judicial Magistrate, Vedaranyam.
2. The Inspector of Police, Voimedu Police Station, Vedaranyam Taluk,
Nagapattinam District.
3. The Jail Superintendent, Nagapattinam Prison.
4. The Public Prosecutor, High Court of Madras.
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P.DHANABAL, J.
MJS
14-05-2026
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