Premchandar v. The State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Premchandar S/o.Sambasivam, No.5, Middle Street, Porappadi, Gingee, Villupuram District.

..Petitioner(s) Vs The State Rep by, Inspector of Police, Periyathatchur Police Station Villupuram District.

Crime No. 43 of 2026 ..Respondent(s) To enlarge the petitioner on bail in event of his arrest in Crime No. 43 of 2026 on the file of the respondent Police and thus render Justice. For Petitioner(s):

Kannan K.

For Respondent(s):

Mr.A.Gopinath Govt. Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 303(2), 326(a) of BNS r/w. Section 21(1) of Mines & Minerals (Development Regulation) Act, 1957 in Crime No.43 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal transportation of 12 units of river sand in a vehicle bearing Regn. No.TN-16U-2759, without proper license. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.20,000/-, to any welfare scheme of the Government or any other organization. He further submits that the petitioner is ready to abide by any stringent condition 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 the petitioner was found in illegal transportation of 12 units of river sand, without any valid permission from the competent authority. He further submitted that the petitioner has no previous cases, pending against him. However, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the arguments from both sides, the nature of the offence and considering the fact that the petitioner has no previous cases, and since the petitioner, on his own volition, is ready and willing to contribute some amount to any charitable trust and also considering other relevant aspects, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, this Criminal Original Petition stands allowed and the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - II, Tindivanam on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the petitioner shall make a non-refundable deposit of Rs. 20,000/- (Rupees Twenty Thousand only) to the credit of Manolaya, Home for Mentally Ill Destitute, Bank Name: Indian Overseas Bank, Branch: Kottaram, IFSC Code: IOBA0000253, Account Name: Manolaya, Account No.025302000000284, UPI ID: 6379484925@okbizicici, Gpay:9443307196, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the concerned Court.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 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 B.N.S.2023.

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

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 the official website of this Court will be watermarked and will also have a QR code.

To:

1. Inspector of Police, Periyathatchur Police Station Villupuram District.

Crime No. 43 of 2026

2. Judicial Magistrate - II, Tindivanam.

3. Public Prosecutor, Madras High Court.

L.VICTORIA GOWRI, J.

BKN 07-05-2026