Venkatesan v. State Of Tamilnadu Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Venkatesan S/o.Selvam, No. 4/174, Kunichiyur Village, Velakalnatham Post, Natrampalli Taluk, Tirupattur District.

..Petitioner/2nd accused Vs State of Tamilnadu Rep. by The Inspector of Police Natrampalli Police Station, Crime No. 110/2026.

..Respondent/ complainant PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the Petitioner on Anticipatory Bail in the event of their arrest or surrender in Crime No.110 of 2026 dated 06.03.2026 on the file of the Respondent Police. For Petitioner:

Mr.M.S.Swathishkumar For Respondent:

Mr. V.Meganathan, Government Advocate (criminal side) ORDER :

The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 11.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 326(a) and 303(2) of BNS Act, 2023, read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.110 of 2026 on the file of the respondentpolice.

3. The case of the prosecution is that, during a routine vehicle check on the Athiperappanur to Natrampalli Kalar Village Road, the respondent police intercepted a tractor, bearing Registration No.TN 28 BK 3411; upon inspection, the vehicle was found illegally transporting approximately 2 units of artificial sand without any valid permit, license or lawful documentation from government authorities. An enquiry revealed that the accused had unlawfully excavated the sand for sale and personal gain, resulting in the seizure of both the tractor and the sand at around 11.45.a.m. Hence, the case.

4. Mr.M.S.Swathishkumar, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner is the owner of the vehicle. He however submits that the petitioner is ready to abide any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr. V.Meganathan, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the accused person was illegally transporting 2 units of artificial sand by using vehicle. He further submits that there is one previous cases against the petitioner. He further submits that the investigation of the case is still pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioner, he will commit similar type of offence and cause loss to wealth of the nation. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. Considering the fact that the petitioner's vehicle along with allegedly transported artificial sand has already been seized by the respondent-police, this Court is of the view that the custodial interrogation of the petitioner is not necessary. Further, the petitioner has permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the same and also considering the facts and circumstances of the case, the nature of the offence, the quantity of artificial sand allegedly transported by the accused person and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following

conditions:

(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate III, Thirupathur, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate III, Thirupathur.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate III, Thirupathur, shall obtain a copy of any one of identity proofs to ensure their identity.

(iii) The petitioner shall appear and sign before the respondent police twice a week on every Monday and Friday at 10.00 a.m. until further orders. (iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

(v) 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 them from disclosing such facts to the Court or to any police officer. (vi) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioner shall not leave India without prior permission of the Court.

(viii) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate III, Thirupathur or Trial Court, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

20-05-2026 (RSVJ) Index: Yes/No Speaking/Non-speaking order

JRS/RPP R.SAKTHIVEL J.

JRS/RPP 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 MagistrateIII, Thirupathur.

2.The Inspector of Police Natrampalli Police Station, Crime No. 110/2026.

3.The Additional Public Prosecutor, Madras High Court.

20-05-2026