S. Sathish v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR S. Sathish S/o Subramaniam, No.179/2, Maruthi Nagar, Thindal (Kel), Erode, Tamil Nadu - 638 012.

..Petitioner(s) Vs State Rep.by, The Inspector of Police, Mettupalayam Police Station, (FIR No. 662/2025 dated 16.12.2025).

Coimbatore District.

..Respondent(s) Prayer: This petition is filed under section 482 of BNSS to enlarge me on bail in the event of the arrest in FIR No.662/2025 dated 16.12.2025 on the file of the Inspector of Police, Mettupalayam Police Station, Coimbatore. For Petitioner(s):

Najimudeen S

T.Muthukumar R. Lokeshwaran R.Vivekananthan For Respondent(s):

Ms.J.R. Archana, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326 of BNS r/ w 21(1), Section 4(1), Section 4(1A) of Mines and Minerals Act, 1957 in Crime No.662 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that based on the secret information, the respondent police went to the scene of occurrence and found that when the petitioner had illegally quarried and transported 8.5 units of M-sand. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by

the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous case as against the petitioner and it is a case of transporting M-sand without pass. However, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and the submissions made by both counsel, and taking note of the quantity involved in this case and it is a case of transporting M sand without valid transport pass and there is no previous case as against the petitioner, I 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 learned Judicial Magistrate at

Mettupalayam 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 respondent police everyday at 10.30 a.m., for a period of three 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 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.

04-02-2026 Index: Yes/No Speaking/Non-speaking order SMN To

1. The Judicial Magistrate at Mettupalayam

2. The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

3. The Public Prosecutor, High Court, Madras

K.RAJASEKAR, J.

smn 04-02-2026