Magesh @ Mageshwaran v. State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Magesh @ Mageshwaran S/o.Annappan, D.No.141, Bajanai Kovil Street, Chithanakkal Village, Brammadesam Post, Cheyyar Taluk, Tiruvannamalai district-632511.
..Petitioner(s) Vs State rep.by, The Inspector of Police, Brammadesam Police Station, Thiruvannamalai District.
Cr.No.15 of 2026.
..Respondent(s) 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 in connection with Cr.No.15 of 2026 on the file of the respondent police.
For Petitioner(s):
Mr.VR Appaswamee For Respondent(s):
Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 303(2), 326(a) of BNS r/w. 21(5) of Mines and Minerals (Development and Regulations) Act, 1957, in Crime No.15 of 2026 on the file
of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had illegally quarried and transported 11⁄2 unit of river sand without having valid permit from the competent authority. 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. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would fairly submit that there is no previous case against the petitioner.
5. Considering the facts and circumstances of the case and the fact that there is no previous case against the petitioner, this Court, is inclined 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, Cheyyar, 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 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 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.
12-03-2026 Index: Yes/No Speaking/Non-speaking order MTL
To
1. The State rep.by, The Inspector of Police, Brammadesam Police Station, Thiruvannamalai District.
Cr.No.15 of 2026.
2. The Judicial Magistrate Court, Cheyyar.
3. The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
MTL 12-03-2026