Sivakumar v. State By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
1. Sivakumar S/o. Gunasekaran, No.4/37, Muthakoil Street, Pudupadi Village, Arcot Taluk, Ranipet District.
Petitioner(s) Vs
1. State by, Inspector of police, Valapandal Police Station, Ranipet District. Crime No. 34 of 2026 Respondent(s) PRAYER: Petition filed under Section 482 of BNSS, 2023 to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime. No.34/2026 on the file of the respondent police and thus render justice. For Petitioner(s):
Mr.Thirumoorthy D For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 303(2) & 326(a) of BNS, 2023 in connection with the case in Crime No.34 of 2026, seek anticipatory bail.
2. The case of the prosecution is that on 22.03.2026, the petitioner was found illegally transporting one unit of river sand. Hence, the case.
3. Learned counsel for the petitioner would contend that the petitioner is innocent; that he has been falsely implicated in this case and that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence
prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner was found illegally transporting one unit of river sand and that there is no one previous case pending as against the petitioner. Hence, vehemently opposed to grant Anticipatory Bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, nature of offence, quantity of minerals involved in this case, though there is one case pending as against the petitioner, in that cases, already bail was granted to the petitioner, 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 District Munsif cum Judicial Magistrate, Arcot 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 10.30 a.m., for a period of four weeks; [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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 Inspector of police, Valapandal Police Station, Ranipet District. Crime No. 34 of 2026 2.The District Munsif cum Judicial Magistrate, Arcot 3.The Public Prosecutor, Madras High Court
P.DHANABAL J.
dhk CRL OP No. 12681 of 14-05-2026