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2025 Supreme(Online)(Mad) 74721

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. DHANABAL
VELAYUTHAM – Appellant
Versus
The State rep by – Respondent



##PAGE1##

CRL OP No. 35785 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

CRL OP No. 35785 of 2025

1. Velayutham

S/o.Ayyanar Alias Iyyanar, No.1/75,

Angalamman Kovil Street, Teli,

Villupuram District.

Petitioner(s)

Vs

1. The State rep by

The Inspector of Police,

Kanai Police Station,

Villupuram District. Crime No.200

of 2025

Respondent(s)

PRAYER

To enlarge the petitioner on bail in the pending investigation in Crime

No.200 of 2025 on the file of the Inspector of Police, Kanai Police Station,

Villupuram and thus render justice.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/12/2025 03:42:09 pm )

##PAGE2##

CRL OP No. 35785 of 2025

For Petitioner(s): Mr.U.Kathiravan

For Respondent(s): Mr.S.Vinoth Kumar

Government Advocate

(crl.Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on

20.11.2025 for the offence punishable under Sections 303 (2) & 326 (a) of

B.N.S. in Cr. No.200 of 2025 on the file of the respondent police, seeks

bail.

2. The case of the prosecution is that the petitioner has illegally

transported 1/2 (Half Unit) of river sand in Ashok Leyland Dost without

any proper permission from the authorities, hence the respondent police

registered a case.

3. The learned counsel for the petitioner would contend that the

petitioner is innocent person and he is in no way connected with the

alleged offence. Therefore, he prayed that the petitioner may be released

on bail.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/12/2025 03:42:09 pm )

##PAGE3##

CRL OP No. 35785 of 2025

4. The learned Government Advocate (Criminal side) would submit

that the petitioner has illegally transported 1/2 (Half Unit) of river sand in

Ashok Leyland Dost without any proper permission from the authorities.

He would further submit that the petitioner has previous case pending

against him. Hence, he strongly opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made on either side,

considering the nature of offences and quantity of material involved and

taking note of the fact that the petitioner is in judicial custody from

20.11.2025, this Court is 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 only) with two sureties each for a like sum to the satisfaction of

the learned Judicial Magistrate No.I, Villupuram and on further

conditions that:

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/12/2025 03:42:09 pm )

##PAGE4##

CRL OP No. 35785 of 2025

[b] the petitioner shall report before the respondent police daily

at 10.00 a.m. for 30 days;

[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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/12/2025 03:42:09 pm )

##PAGE5##

CRL OP No. 35785 of 2025

of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered

under Section 269 B.N.S.2023.

kan 26-12-2025

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 offi

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