Kothandaraj v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2026
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.
Kothandaraj 2.
Nandhini 3.
Indhirani
...Petitioners
Vs.
State rep. by, The Inspector of Police, Sirumugai Police Station, Coimbatore District.
(Crime No.95 of 2026)
...Respondent
Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on anticipatory bail in the event of their arrest, pending investigation in Crime No.95 of 2026 on the file of the respondent police.
For Petitioners : Mr.V.Hemnath For Respondent : Mr.P.Dhileepan Government Advocate (Criminal Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent Police for the offences under Section 303(2) of BNS and Page No.1 of 6
Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.95 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the accused persons have illegally transported one unit of gravel sand without any permission, by using JCB and Tractors. Hence the case.
3. Learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and that they are the owners of the vehicles involved in the alleged sand theft and that they have not committed any offence as alleged by the prosecution and one Manikandan, who was employed by the petitioners as a driver, utilised their vehicles for committing the abovesaid offence, without the knowledge or consent of the petitioners. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the Page No.2 of 6
grant of anticipatory bail to the petitioners. He further submitted that there is no previous case pending against the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and the nature of the allegation, this Court is inclined to grant anticipatory bail to the petitioners with 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 made ready, before the learned Judicial Magistrate, Mettupalayam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate Page No.3 of 6
may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners 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;
[c] the petitioners shall not abscond during during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
30.04.2026 skt Page No.4 of 6
To:
1.
The Judicial Magistrate, Mettupalayam.
2.
The Inspector of Police, Sirumugai Police Station, Coimbatore District.
3.
The Public Prosecutor, High Court, Madras.
Page No.5 of 6
G.K.ILANTHIRAIYAN , J.
skt 30.04.2026 Page No.6 of 6