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Madras High CourtCRL OP/12347/2026granted

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

2026-05-14Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Vignesh, M/34 years, S/o Gunasekaran.

No.3/33, Motturanvattam,Thiriyalam, Tirupattur Taluk and District.

..Petitioner(s) Vs The State Rep By, The Inspector of Police Jolarpet Police Station, Tirupattur District.

(Crime No.56/2026) ..Respondent(s) Prayer: This petition has been filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of his arrest in Crime.No.56/2026 pending investigation on the file of the respondent and thus render Justice. For Petitioner(s):

Mr. E Kannadasan For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of BNSS r/w Section 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, in connection with the Cr. No.56 of 2026, seeks anticipatory bail.

2. The petitioner is owner of the tractor.

3. The case of the prosecution is that, on information received by him, the de-facto complainant along with other officials reached the scene of occurrence and on seeing them, the driver abandoned the tractor with one unit of Norambu sand and escaped from the scene of occurrence.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner has no previous case and he is only the owner of the vehicle and he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Criminal Side), per contra, would submit that respondent police seized the sand and the vehicle. He would further submit that investigation is pending and the offence is grave in nature and hence, he opposed to grant anticipatory bail to the petitioner.

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

7. Considering the rival submissions on either side, and the nature of offences, and also the fact that the petitioner is only owner of the tractor and the sand and vehicle have already been seized by the respondent police, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions.

8. Accordingly, the petitioner is ordered to be released on bail in the event of 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 No.1, Tirupattur on condition that the petitioner 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 petitioner shall report before the respondent police on every Saturday at 10.00 a.m for a period of four weeks and thereafter as and when required for interrogation.

[b] the petitioner 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 her from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court;

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

14-05-2026 Index: Yes/No Speaking/Non-speaking order MST 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. The Judicial Magistrate No.1, Tirupattur.

2. The Inspector of Police, Jolarpet Police Station, Tirupattur District.

3. The Public Prosecutor, Madras High Court, Chennai.

P.DHANABAL, J.

MST 14-05-2026