A.M.Thirupathi v. The 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 A.M.Thirupathi, S/o. Munusamy Gowndar ..Petitioner(s) Vs The State Rep By, The Inspector of Police Natrampalli Police Station, Tirupathur, Crime No.338 of 2025.

..Respondent(s) This Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioner on bail, in the event of arrest by the petitioner arrest in connection with Crime No.338 of 2025 on the file of the respondent police. For Petitioner(s):

Mr. S Deivasigamani 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 326(a), 303(2) of B.N.S. read with Section 21(1) of Mines and Minerals (Development & Regulation) Act in connection with the case in Crime No.338 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 16.10.2025, when the respondent police were conducting a routine check up, they found the petitioner along with his son illegally loading gravel into a lorry without using any JCB or other machinery.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and has not committed any such offence as alleged by the prosecution. He further submitted that only based on the confession statement given by the co-accused, the petitioner has been implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that Petitioner is having three previous cases. Hence, he vehemently opposed to grant anticipatory bail to the Petitioner.

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

6. Considering the rival submissions on either side, considering the nature of offences, and also taking note of the fact that the petitioner has been implicated in this case based on the confession of the co-accused and even

though there are some previous cases pending against the petitioner, bail was granted to the petitioner in those cases, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

7. 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.III, Tirupathur 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 MRP 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-III, Tirupathur.

2. The Inspector of Police Natrampalli Police Station, Tirupathur,

3. The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

MRP 14-05-2026