Sankar v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.05.2026

CORAM

THE HONOURABLE MR.JUSTICE.P.DHANABAL CRL.O.P.No.12505 of 2026

1. Sankar S/o.Pachiyappan

2. Nagarajan, S/o.Krishnamoorthi

3. Mani Barathi S/o.Sankar ..Petitioners Vs The State represented by:

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

(Crime No.172 of 2026) .... Respondent PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on bail in the event of their arrest in Crime No.172 of 2026 pending investigation on the file of the respondent police.

For Petitioners : Mr.E.Sathiyaraj For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) *****

ORDER

The petitioners, who apprehend arrest in the hands of the 1/6

respondent police for the offences punishable under Sections 303(2), 326(a) of BNS (Section 379, 430 of IPC), and Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in connection with Cr.No.172 of 2026, seek anticipatory bail.

The case of the prosecution is that the petitioners had illegally loaded sand through JCB into lorry bearing Registration No.TN-09-X-7917 without any valid permit. Hence the case. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

The Learned Government Advocate (Criminal Side) reiterated the prosecution case and would submit that one previous case is pending as against the petitioners.

Heard both sides and perused the materials available on record.

Considering the submissions made by both side counsel, nature of offence, quantity involved and the fact that though there is one 2/6

previous case is pending against the petitioners, already bail was granted in this case, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

Accordingly, the petitioners are 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 Judicial Magistrate, Arni, Thiruvannamalai, on condition that each of 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 Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent-police every Saturday for a period of four weeks.

[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;

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

[d] the petitioners shall not abscond either during investigation or 3/6

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 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

14.05.2026 cgi 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 Inspector of Police, Arni Taluk Police Station, Tiruvannamalai.

2. The Judicial Magistrate, Arni, Thiruvannamalai.

3. The Public Prosecutor, Madras High Court.

4/6

5/6

P.DHANABAL, J., cgi 06.

CRL.O.P.No.12505 of 2026 14.05.2026 6/6