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Madras High CourtCRL OP/11663/2026granted

Yogeshwaran v. The State Rep.By

2026-05-07Honourable Mrs.Justice L.Victoria Gowri6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Yogeshwaran S/o.Elumalai, No.247, Road Street, Vinnamangalam Village, Arni taluk, Tiruvannamalai District.

..Petitioner(s) Vs The State rep.by The Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.

Cr.No.152/2026.

..Respondent(s) To enlarge the petitioners on bail in the event of arrest in Cr.No.152 of 2026 on the file of the respondent police station. For Petitioner(s):

E.Sathiyaraj Elangovan S.Elvin Niha For Respondent(s):

Public Prosecutor Order The Court made the following order :- The petitioner is the Accused in Crime No. 152 of 2026 of Arni Taluk Police Station, Tiruvannamalai District, apprehends arrest for the alleged offences

under Sections 303(2), 326 (a) of BNS Act (corresponding section 379, 430 of IPC) and Section 21(1) of Mines and Mineral (Development & Regulation ) Act 1957, seeks bail.

2.The case of the prosecution is that on 29.03.2026, the respondent police patrolling in Vinnamangalam Village and found that the petitioner was illegally transporting of 1 unit of soil in tractor; on seeing the police official, the petitioner dropped the vehicle and escaped from the spot. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submits that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.2,000/- to any association. Therefore, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case. He further submitted that the petitioners has illegally transported one unit of soil. Hence, he opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, and there is no previous case is reported as against the petitioner, also the fact that the petitioner has come forward to deposit an amount of Rs.2,000/- to the credit of "Tamil Nadu Advocate Clerk Association, Chennai", this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

6. Accordingly, the petitioner shall pay a sum of Rs. 2,000/- (Rupees Two thousand only) as cost to the Tamil Nadu Advocate Clerk Association, Chennai and on such payment, the petitioner is 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, Arni, Tiruvannamalai District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until

further orders;

c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during trial; e)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 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 absconds, a fresh FIR can be registered under Section 269 of BNS.

07-05-2026 Index: Yes/No Speaking/Non-speaking order JRS/bkn

TO 1.The Judicial Magistrate, Arni, Tiruvannamalai District

2. The Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District.

Cr.No.152/2026.

3.The Public Prosecutor, Madras High Court.

L.VICTORIA GOWRI J.

JRS 07-05-2026