Suriya v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

1. Suriya

2. Thirukumar

3. Vairavel ... Petitioners Vs.

State rep by The Inspector of Police, Natrampalli Police Station, Natrampalli, Tirupathur District.

Crime No.94 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.94 of 2026 on the file of the Inspector of Police, Natrampalli Police Station, Natrampalli, Tirupathur District.

For Petitioners : Mr.G.Vinodh Kumar For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 326(a) and 303(2) of BNS Act r/w. 21(1), 21(5) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.94 of 2026 on the file of the respondent police seek anticipatory bail. 1/6

2. The case of the prosecution is that the petitioners, had illegally transported one unit of sand without any valid permit through a tipper lorry. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that there is no previous cases to the credit of the petitioners. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners have illegally transported one unit of sand. However, he fairly submitted that the petitioners have no previous cases registered against them. 5.From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the petitioners have no criminal antecedents. Since the petitioners did not come under the adverse notice of the respondent, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

2/6

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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.III, Thirupathur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- each (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 petitioners fail 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 petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. 3/6

State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 10.03.2026 rap 4/6

To 1.The Judicial Magistrate Court No.III, Thirupathur 2.The Inspector of Police, Natrampalli Police Station, Natrampalli, Tirupathur District.

3.The Public Prosecutor, High Court of Madras.

5/6

C.KUMARAPPAN.J.

rap 10.03.2026 6/6