Sivakumar v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Sivakumar S/o. Elumalai, Manthopu Street, Ashokapuri, Villupuram - 605203.

Petitioner(s) Vs

1. The State Rep By, The Inspector of Police Villupuram Taluk Police Station, Villupuram Taluk, Villupuram District.

(Crime No.891 of 2025).

Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in Crime No. 891 of 2025 on the file of the respondent police.

For Petitioner(s):

Vijayaragavan K For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) of BNS and section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.891 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that he joined hands with other accused illegally quarrying gravel sand from the patta land belonging to A1. While transporting it, the vehicle was intercepted by officials and seized. Hence, the complaint.

3. The learned counsel for the petitioner submits that it was not illegal quarrying and was done for levelling agricultural land. He further submits that the petitioner is ready to abide by any conditions imposed by this Court. Hence, he prays 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 the petitioner has no previous cases and the sand was taken from patta land. However, she opposed the grant of anticipatory bail to the petitioner.

5. Considering the fact that the sand was taken from patta land, the petitioner has no previous cases, and the property has been seized, 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 his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-

I, Villupuram, 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 two weeks and thereafter, as and when required for interrogation; (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) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

27-01-2026 Mpa

To

1. The Judicial Magistrate-I, Villupuram.

2.The State Rep By, The Inspector of Police Villupuram Taluk Police Station, Villupuram Taluk, Villupuram District.

(Crime No.891 of 2025).

3.The Public Prosecutor High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1635 of 27-01-2026