V.Rajkumar @ Settu v. The State Represented By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN V.Rajkumar @ Settu S/o.Janagi Kandasamy No. 4/4, Bangalore Munisamy Street, CVPattarai, Vaniyambadi, Uhayendram (tp), Udayendiram, Vellore, Ambur 635754 ..Petitioner(s) Vs The State represented by The Sub Inspector of Police Vaniyambadi Taluk Police Station, Thirupathur District.

Crime No.83 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail, in the event of his arrest, in Crime No. 83 of 2026 on the file of the Sub Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District and render justice. For Petitioner(s):

M/s.S.Siddharth For Respondent(s):

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 303(2) & 326 (a) of BNS, 2023 in Crime No.83 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner illegally quarried 1⁄4 unit of river sand using a bullock cart. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner was innocent and that he has 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 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 the no previous cases are pending against the petitioner. However, he opposed the grant of anticipatory bail to the petitioner.

5. 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 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.

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, Vaniyambadi, Thirupathur District, 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 respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (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.

07-04-2026 MPA

To

1. The Judicial Magistrate, Vaniyambadi, Thirupathur District.

2. The Sub Inspector of Police Vaniyambadi Taluk Police Station, Thirupathur District.

Crime No.83 of 2026

3. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

MPA 07-04-2026