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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.05.2026

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL 1.Vennilavan 2.Kajenthiran @ Ganjendiran ... Petitioners Vs.

State, represented by The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

(Crime No.215 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioners on bail in the event of their arrest in connection with Crime Number 215 of 2026 on the file of the respondent Police.

For Petitioners : Mr.R.Rajesh For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners / accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS r/w. Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in connection with the Cr. No.215 of 2016 seek anticipatory bail.

2. The case of the prosecution is that the petitioners were illegally transporting three units of gravel sand with the help of tipper lorry bearing Reg. No.TN 28 BK 6126 without obtaining valid permission. Hence, the complaint.

3. Learned counsel for the petitioners submitted that the petitioners are innocent persons, and they have been falsely implicated by the respondent police and they were in no way connected with the offences as alleged by the prosecution. He would further submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Crl. Side) would submit that the petitioners were found in illegal possession of three units of gravel sand in Tipper lorry. He would further submit that the petitioners have four previous cases against them, similar in nature. Hence, he vehemently opposed to grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of offences and that the quantity of material involved in this case and taking into consideration the fact that though the petitioners have some previous cases, they were granted bail in that case, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thirukoilur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with 3/6

two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police, on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the petitioners shall not leave India without the previous permission of the Court;

[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 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].

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

13.05.2026 rkp/lpp 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.

To

1. The Judicial Magistrate, Thirukoilur.

2. The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court, Madras.

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P.DHANABAL, J.

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