Rajendiran Athimoolam v. The State Rep By Its Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Rajendiran Athimoolam S/o. Athirnoolam, No.1/10, Vinayakar Kovil Street, Varinjipakkam, Cuddalore, Tamil Nadu- 607 205.

Petitioner(s) Vs

1. The state rep by its Sub Inspector of police Kadampuliyur Police Station, Cuddalore District. (Crime No. 372 of 2025).

Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of his arrest concerned in Crime No372 of 2025 on the file of the Sub Inspector of Police, Kadampuliyur Police Station, Cuddalore District, on such terms and conditions and as this Honble Court may deem fit and proper in the mentioned circumstances and thus render Justice.

For Petitioner(s):

Hariram Kumar For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) of BNS, 2023 and section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No. 372 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner, along with other accused, illegally transported 3 units of red soil from the quarry site, and since, at the time of transportation, no permit was in possession, the case was registered.

3. The learned counsel for the petitioner submitted that it is not a case of illegal quarrying; it is only a case of transporting red soil without carrying a permit or transit pass. He further submitted that the petitioner has no previous cases. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that 3 units of red soil were transported from the nearby licensed quarry, and it is not a case of illegal quarrying but a case of transporting soil without a transit permit. Hence, he opposed the grant of anticipatory bail to the petitioner.

5. Considering the above facts submitted by the learned Government Advocate (Crl. Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the Judicial Magistrate-II, Panruti, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks. (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the

conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) I(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

19-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate-II, Panruti.

2.The state rep by its Sub Inspector of police Kadampuliyur Police Station, Cuddalore District. (Crime No. 372 of 2025).

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1018 of 19-01-2026