Venkatesan Mohan v. State Rep.By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Venkatesan Mohan S/o0 Mohan Seenu, No - 404, C, Udaiyamuthur, Odayamuthur, Thirupathur - 635652

2. Veeramani Govindaraji No 5/105 VakkilIyer Thoppu Periya Kunichi, Tirupattur.

..Petitioner(s) Vs State Rep.by Inspector of Police, Kandili Police Station, Tirupathur (Crime No. 68/2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on Bail on event of their arrest in connection with crime number 68 of 2026 on the file of the Respondent Police and thus render justice.

For Petitioner(s):

M/s. I. Periaswamy For Respondent(s):

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

ORDER

The petitioners, who apprehends arrest for the alleged offence under Sections 305(e), and 326(a) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023

in Crime No.68 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioners is that the petitioners attempted to engage in the illegal transportation of lake sand using a JCB and a tipper lorry without any valid permit or license. When the police approached the scene of occurrence, the petitioners fled. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioners are innocent and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and 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 1st petitioner has two previous cases of a similar nature whereas second petitioner has no previous cases. However, he opposed to grant anticipatory bail to the petitioners.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6.On considering the factual position, the 1st petitioner has two previous cases, which clearly demonstrate that he has misused the liberty granted by this Court. Therefore, he does not deserve the grant of anticipatory bail. Accordingly, this petition is dismissed insofar as the 1st petitioner is concerned.

7. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that the 2nd petitioner had no previous cases, and upon the fond hope that he would mend himself in 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.

8.Accordingly, the 2nd 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 Judicial Magistrate-II, Tirupattur, 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 is directed to make a non-refundable deposit of Rs.2,00,000/- [Rupees Two Lakhs Only] directly to the credit of "Tamilnadu State Legal Services Authority, High Court Campus, Chennai", without prejudice to the right of the defence before the Trial Court and the receipt shall be produced at the time of executing the bond; (d) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm for a period of two months; 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 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];

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

07-04-2026 MPA

To

1. The Judicial Magistrate-II, Tirupattur.

2.The Inspector of Police, Kandili Police Station, Tirupathur (Crime No. 68/2026)

3. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

MPA 07-04-2026