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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL 1.Arulkumar S/o Arasan 2.Sakthivel S/o.Rajavel ..Petitioner(s) Vs The State Rep by its The Inspector of Police, Virudhachalam Police Station, Cuddalore District.

Crime No. 349 / 2025 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS, seeking to enlarge the petitioner on bail in the event of his arrest in Cr. No.349 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr.Vignesh Masilamani For Respondent(s):

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence punishable under Sections 303 (2), 326 (a) of BNS Act, 2023, read with Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.349 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are alleged to have transported 6 units of gravel sand in lorry illegally. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they were not committed any offence as alleged by the prosecution and they had been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners. He further submitted that the petitioners are ready and willing to furnish substantial sureties for their due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioners.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioners by stating that the quantity of gravel sand involved is six units and investigation is at initial stage.

5.

Heard the learned counsel on either side and perused the materials available on record.

6.

Considering the representations made on both sides and

considering the nature of the offence and the quantity of material involved in this case and though there are some previous cases pending against the petitioners, they were released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate-1, Virudhachalam, 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 Aadhar card or Bank pass Book to ensure their identity;

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

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners shall not abscond either during

investigation or trial;

[e] the petitioners shall not leave India without the prior permission of the Court.

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

14-05-2026 Index: Yes/No Speaking/Non-speaking order ssa

To

1. The Inspector of Police, Virudhachalam Police Station, Cuddalore District.

Crime No. 349 / 2025

2. The Judicial Magistrate-1, Virudhachalam.

3. The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

ssa 14-05-2026