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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 9836 of 2026 Veerasamy S/o.Dhanabal, No. 4/41, old colony, Mariyamman Kovil Street, Thirukovilur, Devanur, Viluppuram - 605752.

...Petitioner

Vs State Rep. by, The Inspector of Police, Arakandanallur Police Station, Villupuram - 605 752.

(Cr.No.19/2026)

...Respondent

Prayer : Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge on bail to the petitioner in the event of his arrest in Cr.No.19/2026 pending on the file of respondent.

For Petitioner:

Mr.Sri Krishna. B.K For Respondent :

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

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 303(2) and 326(a) of BNS, in Crime No.19 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner, along with other accused, was found in illegal possession of 9 units of river sand without any valid permit or licence. Hence, the case.

3. The learned counsel for the petitioner/A11 submitted that the petitioner was innocent and that he had been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for the investigation. 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, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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

6. From the submission made by the learned Government Advocate (Crl.Side) the petitioner does not have any previous cases. 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 he has no previous case and upon the fond hope that he would mend himself in the future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned District Munsif Cum Judicial Magistrate, Thiruvennainallur, 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/accused is directed to produce a demand draft for a sum of Rs.50,000/- (Rupees Fifty

thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Villupuram District', (Non refundable) before the learned District Munsif Cum Judicial Magistrate, Thiruvennainallur; (d) On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector. Upon receipt of the said amount, the District Collector shall realise and utilise the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025;

(e) The petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks and thereafter as and when required for the interrogation; (f) 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];

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

20-04-2026 dk

To

1. The District Munsif Cum Judicial Magistrate, Thiruvennainallur.

2. The Inspector of Police, Arakandanallur Police Station, Villupuram - 605752 .

3. The Public Prosecutor High Court of Madras.

4. The Chairman/District Collector, The District Mineral Foundation Trust of Villupuram District

C.KUMARAPPAN, J.

dk CRL OP No. 9836 of 2026 20-04-2026