Karuna v. The State Rep. By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Karuna S/o. Pachiappan ..Petitioner(s) Vs The State Rep. by its Inspector of Police Arni Taluk Police Station, Tiruvannamalai District.
(Crime No. 105 /2026) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023 praying to enlarge the petitioner on bail in the event of arrest in Crime No. 105 of 2026 on the file of the respondent police station. For Petitioner(s):
Mr.E.Sathiyaraj For Respondent(s):
Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest in the hands of the respondent police for the offences punishable under Sections 303(2) and 326(1) of BNSS, 2023 in respect of Crime No.105 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that when the respondent Police were
patrolling near Marusur Village on 08.03.2026 at 08.30 hours found that the petitioner was illegally transporting sand in a bullock car. The petitionerr had dropped the bullock cart and fled the scene on seeing the police officials. The respondent Police had seized 1⁄4 unit of sand from the scene. Hence the case.
3. The learned counsel for the petitioner would contend that the material objects have been seized; that the custodial interrogation is not required in this case, the petitioner has been falsely implicated in this case and hence prayed to grant anticipatory bail to 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 investigation is pending and the offences are grave in nature and there are no previous case pending against the petitioner, hence, he opposed to grant bail to the petitioner.
5. Heard the learned counsel for the petitioners 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, nature of offence and the quantity of material involved and no
previous case is pending against 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 on which the order copy made ready, before the learned Judicial Magistrate at Arni, Tiruvannamalai District, on condition that the petitioner shall execute a bond each 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.
14-05-2026 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, Arni, Tiruvannamalai District.
2.The Inspector of Police Arni Taluk Police Station, Tiruvannamalai District.
3.The Public Prosecutor, Madras High Court, Chennai.
P.DHANABAL J.
MKA/SHA CRL OP No. 13055 of 2026 14-05-2026