Arumugam v. 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 Arumugam, S/o. Thangavel, 380-8, Suprabatham Nagar, Keeranur, Nanilam Taluk, Tiruvarur District.

..Petitioner(s) Vs State Rep. by The Inspector of Police Peralam Police Station, Tiruvarur District.

(Crime No.500 of 2018) ..Respondent(s) Prayer: Criminal Original petition is filed to enlarge the petitioner on Anticipatory Bail in the event of hisr arrest pending investigation in Crime No. 500 of 2018 on the file of the respondent police. For Petitioner(s):

Mr.T.Muruganantham For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 21(1) of Mines and Minerals Act in connection with the case in Crime No.500 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found to be in possession of half unit of river sand in a tractor bearing Registration No.TN 51 AA 6271.

3. The learned counsel for the petitioner would contend that the material objects have been seized; the petitioner has not committed any such offence as alleged by the prosecution and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and further submitted that, apart from this case, the petitioner has no other previous case and the soil and vehicle were seized. However, he vehemently opposed to grant anticipatory 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, nature of offence and the nature and quantity of minerals involved in this case and no previous case reported,

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 of receipt of a copy of this order, before the learned Judicial Magistrate, Nanilam 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police every Saturday at 10.00 a.m. for a period of four weeks and thereafter, as and when required.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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.

14.05.2026 Index: Yes/No Speaking/Non-speaking order Vv 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, Nanilam.

2. The Inspector of Police, Peralam Police Station, Tiruvarur District.

3. The Public Prosecutor, Madras High Court.

P.DHANABAL, J.

VV 14-05-2026