Prakash v. State By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI CRL OP No.11533 of 2026 Prakash S/o. Selvaraj No.1/222, Muneeswaran Koil Street, Injambakkam Post, Kancheepuram District 600 115 ..Petitioner(s) Vs The Inspector of Police M-6 Manali Police Station, Chennai.
Crime No.153 of 2026.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on anticipatory bail in Crime No.153 of 2026 in the event of his arrest, pending investigation on the file of the Respondent-Police and thus render justice.
For Petitioner(s):
Mr.V. Muthupandi 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 offences punishable under Section 303(2) of BNS, 2023 and 21(1) of Mines and Minerals (Development & Regulations) Act, 1957, in Crime No.153 of 2026, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner, along with other accused persons, was allegedly engaged in the illegal transportation of sand from Government land using a tractor and two JCB machines. Hence, the present complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is not the owner of the vehicle and he is ready to abide by any condition that may be imposed by this Court and sought anticipatory bail for the petitioner.
4. The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the case of the prosecution and, on instructions, submitted that the petitioner has been habitually involved in similar offences. He further submitted that one tractor and two JCB machines were found at the scene of occurrence. Hence, he strongly opposed the grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegations and the fact that the petitioner is ready to abide by any condition that may be 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 on his executing 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 Judicial Magistrate, Tiruvottiyur and on further conditions that: [a]the petitioner shall deposit a sum of Rs.50,000/-(Rupees Fifty 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/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
L.VICTORIA GOWRI.,J.
gv 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 To 1.The Inspector of Police M-6 Manali Police Station, Chennai.
2.The Public Prosecutor High Court, Madras.
CRL OP No.11533 of 2026