G.Rajesh v. The State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. G.Rajesh S/o.G.Bhaskar Naidu, Residing at No.2-40, Pallamala Kandriga, BN Kandriga, Tirupati, Andhra Pradesh-517040.
2. Rashbhrag Infra Minerale Pvt.Ltd.
Rep.by Susheel Choudary, S/o.Gogineni Ramesh Babu, Residing at No.8-2-293/82/A/69/1, Road No.1, Jubilee Hills, Hyderabad, Andhra Pradesh-500 033.
3. Siva Earth Movers, Rep.by Sivasamy, aged about 51 years, S/o.Subramaniyam, Residing at No.2/435/2, Thiruvalluvar nagar, Somayanur, Nanjundapuram, Tadagam, Coimbatore, Tamilnadu-641108.
..Petitioner(s) Vs The State rep.by, The Inspector of Police, Pennalurpet Police Station, Tiruvallur.
..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the other petitioners on bail in the event of arrest in connection with Cr.no.51 of 2026 on the file of the Inspector of Police, Pennalurpet Police Station, Tiruvallur District.
For Petitioner(s):
Mr. Ramesh R For Respondent(s):
MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 303(2), 326(a) of BNS @ 303(2), 326(a) of BNS r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.51 of 2026, on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioners is that they were involved in the illegal transportation of 24 units of mountain sand using three tipper lorries, each carrying 8 units, without any valid permit or licence. It is further alleged that the petitioners were caught red handed by the respondent police while engaging in such illegal transportation. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and that they have been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be
imposed by this Court and they 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 there are no previous cases have been registered against the petitioners. 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.From the submission made by the learned Government Advocate (Criminal Side) it is seen that the petitioners have no bad antecedents. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that petitioners had no previous cases, and upon the fond hope that they would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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, Uthukottai, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners are directed to make a nonrefundable deposit of Rs.1,83,333/- [Rupees One Lakh Eighty Three Thousand Three Hundred and Thirty Three only] each, totalling to Rs.5,50,000/- 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 petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
27-04-2026 DRL To 1.The District Munsif cum Judicial Magistrate, Uthukottai.
2.The Inspector of Police, Pennalurpet Police Station, Tiruvallur.
3.The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
DRL 27-04-2026