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Madras High CourtCRL OP/11033/2026granted

V.Thangadurai v. The State Rep.By, The Inspector Of Police,

2026-05-06Honourable Mrs.Justice L.Victoria Gowri4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI CRL OP No. 11033 of 2026 V.Thangadurai ..Petitioner Vs The State Rep.by, The Inspector of Police Peranamallur Policer Station (Cr.No.7/2026) Tiruvannamalai District.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on bail in the event of arrest in Crime No.7 of 2026 on the file Peranamallur Police Station the respondent police or on surrendering before the court and pass suck further or other order as this Honble court deems fit and proper in the circumstance of the case and thus render justice. For Petitioner(s):

Mr. A.Vijayakumar For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 303(2), 326(a) of BNS Act r/w Sections 21(5) of Mines and Minerals (Development & Regulation) Act, in Crime No. 07 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that based on secret information, the respondent police went to the scene of occurrence and found that the petitioner along with other accused had illegally quarried one unit of river sand with the help of tipper lorry. 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. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that this is the second bail petition and the petitioner has involved in illegal transportaion of one unit of river sand and there is five previous cases pending against the petitioner and the property has been recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of allegation and the fact that the property has been recovered and the petitioner is ready to abide by any condition imposed by this Court, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheyyar, within a period of fifteen days from the date on which the order made ready and on further conditions that:

[a]the petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand only), to the credit of Tamil Nadu Advocate Clerks Association, Account No.484026006, Indian Bank, High Court, IFSC.No: IDIB000M157 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond to ensure their identity; b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [c]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial. [f]On breach of any of the aforesaid conditions, the learned Magistrate/

L.VICTORIA GOWRI.,J.

GV Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

06-05-2026 Note :

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

GV CRL OP No. 11033 of 2026