Arunkumar v. State By Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Crl. O.P. No.12473 of 2026 Arunkumar S/o.Arumugam ..Petitioner(s) Vs State by:

The Sub-Inspector of Police, Cheyyar Police Station, Thiruvannamalai District, (Crime No.05 of 2026) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS 2023, praying to grant anticipatory bail to the petitioner in the event of the arrest of petitioner by police for the reasons stated in the petition, in connection with the case in Crime No.05 of 2026 on the file of the respondent police. For Petitioner(s):

Mr.A.Anbharasu For Respondent(s):

Mr.S.Balaji Government 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, 2023 and Section 21(5) of Mines and Minerals (Development & Regulation) Act, 1957, in respect of Crime No.05 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that while the respondent police were on a routine check up near Mariamman Temple within their jurisdiction, they found that the petitioner transported 1⁄4 unit of river sand without any permit in a bullock cart. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated based on false information. It is also submitted that the petitioner is ready to abide by the conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side), per contra, would submit that the respondent police seized the sand and the vehicle. He further submitted that the petitioner has one previous case and been granted bail. Hence, he strongly opposed to grant bail to the petitioner.

5. 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.

6. Considering the rival submissions made by the learned counsel on either side and the quantity of material involved and also the fact that the petitioner has one previous case and has been granted bail, this Court is inclined to grant anticipatory bail to the petitioner on certain 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 at Cheyyar, 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 BNSS, 2023.

13-05-2026 MKA/SHA 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, Cheyyar 2.The Sub-Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

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

P.DHANABAL J.

MKA/SHA CRL OP No. 12473 of 2026 13-05-2026