Palanivel v. State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL. OP. No.704 of 2026 Palanivel ....Petitioner Vs The State Represented by Inspector of Police, Hudco Police Station Krishnagiri District Crime No.402 of 2025.

..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.402 of 2025 on the file of the respondent police.

For Petitioner: Ms.Radha Pandian For Respondent: Ms.J.R.Archana, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 303(2) of BNS Act, 2023 & Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.402 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 16.12.2025, when the respondent police along with other police party were in vehicle check up, they found the petitioner transporting M-sand of 4 units in a tipper lorry bearing Regn.No.KA 59 1291 without obtaining valid permission. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, submitted that on the date of alleged occurrence, when the respondent police along with his police parties conducted routine vehicle check up, they found the petitioner was illegally transporting lake sand in a lorry and that the petitioner is the driver of the lorry. He further submitted that during investigation, it was revealed that the petitioner was transporting four units of M-sand without any valid permission and that the petitioner has no previous case pending against him. However, he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the nature of allegations and the submissions made by learned counsel on either side and the fact that no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.II, Hosur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), with two sureties, each 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 and on further conditions that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the

K.RAJASEKAR, J., gv respondent police, everyday at 10.30 a.m., for a period of three 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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12.01.2026 To

1. The Inspector of Police, Hudco Police Station Krishnagiri District 2.The Public Prosecutor High Court of Madras. CRL OP NO.704 of 2026