Kannadasan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2026

CORAM

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

The State rep by The Inspector of Police, Vedaranyam Police Station, Vedaranyam, Nagapattinam District.

... Respondent (Crime No.404 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.404 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.T.Gokulakrishnan For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 132, 351(2), 303(2) of the Bharatiya Nyaya Sanhita r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, in Crime 1/6

No.404 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 22.10.2025, the petitioner along with other accused were involved in illegal mining of one unit of sand using a JCB and a Tractor without valid permission. 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 A1 and A2 have already been granted bail by this Court in Crl.O.P.No.32183 of 2025 dated 25.11.2025 and Crl.O.P.No.31105 of 2025 dated 14.11.2025. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous case pending against the petitioner and the property has been recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the petitioner has no criminal antecedents and 2/6

considering the fact that the co-accused/A1 and A2 have already been granted bail by this Court in Crl.O.P.No.32183 of 2025 dated 25.11.2025 and Crl.O.P.No.31105 of 2025 dated 14.11.2025, 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 Vedaranyam, 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 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 Judicial Magistrate Vedaranyam, daily at 10.30 a.m., for a period 3/6

of three weeks, and thereafter, as and when required for interrogation by the respondent police;

(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.

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To 1.The Judicial Magistrate Vedaranyam.

2.The Inspector of Police, Vedaranyam Police Station, Vedaranyam, Nagapattinam District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN, J.

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