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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Krishnamoorthy ... Petitioner Vs.

State rep by The Inspector of Police, Jolarpet Police Station, Thirupattur District.

Crime No.330 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest at the hands of the respondent police concerned in Crime No.330 of 2025.

For Petitioner : Mr.R.Parthiban For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 21(1), 4(1), (1-A), 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 r/w. Sections 303, 326(a) of BNS, 2023, in Crime No.330 of 2025 on the file of the respondent police seeks anticipatory bail. 1/6

2. The case of the prosecution is that the petitioner, had illegally transported one unit of river sand without any valid permit. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that this is the third anticipatory bail application. Hence, he prays to grant 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 had illegally transported one unit of river sand and has got two cases of the year 2014 and 2017 in Cr.Nos.259 of 2014 and 143 of 2017. However, the said cases have been disposed of. At present the petitioner is charged for transporting one unit of river sand. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.From the submissions made by the learned Government Advocate (Crl.Side), it is seen that except the above mentioned cases, there is no previous case to the credit of the petitioner. Since the petitioner does not come under any adverse notice of the respondent so far, this Court is inclined 2/6

to grant anticipatory bail to the petitioner, subject to 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 is made ready, before the learned Judicial Magistrate Court No.I, Tirupattur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned 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 daily at 10.30 am and 5.30 pm. for a period of six weeks and thereafter as and when required;

(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 3/6

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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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To 1.The Judicial Magistrate Court No.I, Tirupattur 2.The Inspector of Police, Jolarpet Police Station, Thirupattur District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN.J.

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