Ayyappan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
1. Ayyappan
2. Karthi @ Karthikeyan
3. Rajkumar ..Petitioner(s) Vs The State rep by, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.
Cr.No.174/2026 ..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of BNSS, 2023, to enlarge the Petitioners on anticipatory bail in the event their arrest by the respondent in Cr. No. 174 of 2026 on the file of the respondent herein and thus render justice.
For Petitioner(s):
M/s.G.Magesh Kumar For Respondent(s):
Mr.A.Gopinath, Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS Act, r/w
Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.174 of 2026, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners are ranked as Accused Nos.1 to 3 and illegally quarrying and transporting the lake sand in the tractor. Hence this case.
3. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and the petitioners have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature and no previous case is pending against the petitioners.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall
execute 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 learned Judicial Magistrate, Tirukoilur, within a period of fifteen days from the date on which the order made ready and on further conditions that: [a] the petitioners 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. [b] The petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.
[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 RNA
To
1. The learned Judicial Magistrate, Tirukoilur.
2. The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.
3. The Public Prosecutor, High Court, Madras.
L.VICTORIA GOWRI, J.
RNA 07-05-2026