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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1.Manikandan S/o.Arjunan, No.628, Mariyamman Kovil Street, Chinnapaliyapattu Village, Ayyampalayam Post, Tiruvannamalai District.

2.Manikandan S/o.Pichandi No.345, Palla Street, Paliyappattu Post, Chegam Taluk, Tiruvannamalai District.

...Petitioners/Accused

Vs The State Rep. By The Inspector of Police, Tiuruvannamalai West Police Station, Tiruvannamalai District.

Crime No.11 of 2026 ..Respondent/ Complainant Prayer : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of arrest in Crime No.11 of 2026 on the file of the respondent police station.

For Petitioners:

Mr.E.Sathiyaraj Elangovan For Respondent:

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 (Corresponding Section 379 of IPC) and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.11 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The allegation against the petitioners is that the petitioners were involved in the illegal transportation of three units of morambu sand without any valid permit or licence and that the petitioners were caught red-handed by the respondent police. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners were innocents and they have been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate for investigation. 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, upon instructions,

submitted that no previous cases have been registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.

6. From the submission made by the learned Government Advocate (Crl.Side), it is seen that the petitioners have no bad antecedents. Though, this Court views the offence of theft of natural resources and its exploitation as a serious offence, taking into consideration of the fact that the petitioners have no previous case, and upon the fond hope that they would mend themselves in the future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge them on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory 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 made ready, before the learned Judicial Magistrate - II, Tiruvannamalai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), each 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) Each of the petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Union Bank of India, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFSC Code No.UBIN0814971, Branch Name and Code 814971, MICR No.600026110 and to produce the Bank Challan before the concerned Magistrate and the receipt shall be produced at the time of executing the bond;

(d) 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;

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

(f) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

17-03-2026 dk To

1. The Judicial Magistrate - II, Tiruvannamalai.

2. The Inspector of Police, Tiuruvannamalai West Police Station, Tiruvannamalai District.

3. The Public Prosecutor High Court of Madras.

C.KUMARAPPAN, J.

dk CRL OP No. 6889 of 2026 17-03-2026