M. Nanthini v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3002 of 2026 M.Nanthini ... Petitioner Vs.
The State rep by The Inspector of Police, Baluchettychatram Police Station, Kanchipuram District.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Cr.No.481 of 2019 on the file of the respondent police. For Petitioner : Mr.A.Muthu Kumar For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 379, 430 of IPC, Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 and Section 3(1) of TN Public 1/5
Property (Prevent of Damage & Loss) Act, 1992 in Cr.No.481 of 2019 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that it is case of the year 2019, the petitioner along with another involved in transportation of two units of river sand from Kosasthalai river, which led to registration of the case. Hence, the present petition for anticipatory bail.
3. The learned counsel appearing for the petitioner submitted that there are two accused involved in this case, the petitioner herein is a lady and she is the owner of the lorry. He further submitted that the petitioner is ready to cooperate for the investigation and also ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is not having any previous case and she is the owner of the lorry. Hence, he vehemently opposed the grant of anticipatory bail.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegations, the fact that the case was registered in the year 2019 and already six years have been completed and the petitioner is being a lady and no previous case reported as against her, I 2/5
am 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 on which the order copy made, before the Judicial Magistrate-I, Kanchipuram 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 learned Magistrate concerned, and on further condition that:
(a) If the petitioner 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 learned Judicial Magistrate-I, Kanchipuram from Monday to Friday at 10.30 a.m., and also report before respondent police on Saturday and Sunday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 Act.
09.02.2026 Vv To 1.The Judicial Magistrate-I, Kanchipuram 2.The Inspector of Police, Baluchettychatram Police Station, Kanchipuram District 3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.3002 of 2026 09.02.2026 5/5