Senthilkumar v. State By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Senthilkumar.

..Petitioner(s) Vs State by, Inspector of police, Valapandal Police Station, Ranipet District.

Crime No. 34 of 2026 ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime. N0.34/2026 on the file of the respondent police. For Petitioner(s):

M/s.D.Thirumoorthy For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offences punishable under Sections303(2) and 326(a) of BNSS 2023 [379 and 430 of IPC] in Crime No.34 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The prosecution case is that on 22.03.2026, the respondent police detected the petitioner illegally mining one unit of river sand without any valid license or permit. Hence, the present case was registered against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioner.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police, while reiterating the prosecution case, strongly opposed the grant of anticipatory bail and submitted that one previous case is pending against the petitioner and if he is enlarged on anticipatory bail, he may abscond and commit similar offences in future as well.

5. Considering the rival submissions, the nature of the offence, and the quantity of sand involved in this case and though petitioner has one previous case, he was granted bail in that case, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions. 6.

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 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police on every Saturday at 10.30 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 absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

14-05-2026 Index: Yes/No Speaking/Non-speaking order JAI

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.Inspector of police, Valapandal Police Station, Ranipet District.

2. The District Munsif cum Judicial Magistrate, Arcot.

3. The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

JAI 14-05-2026