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.
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##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.
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##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:
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##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
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##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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