Thirumurthi v. The State Rep. By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Thirumurthi No.790, Mariyamman Koil Street,Mottur Village, Thatchur Post,Arani Taluk,Tiruvannamalai District. ..Petitioner(s) Vs The State Rep. by its Inspector of Police Arni Taluk Police Station, Tiruvannamalai District.

(Crime No. 107/2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No. 107 of 2026 on the file of the respondent police station and thus render justice.

For Petitioner(s):

Mr.E.Sathiyaraj For Respondent(s):

Mr.N.Palanivel, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) and 326(a) of the Bharatiya Nyaya Sanhita (corresponding Section 379, 430 of IPC) and Section 21(1) of Mines and Minerals (Development & Regulation ) Act, 1957 in Crime No.107 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally transported 1⁄4 unit of river sand in a bullock cart without obtaining valid permit. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner was innocent and he has not committed any such offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions,

submitted that one previous case has been registered against the petitioner and the same is not similar in nature. However, he 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.

6. From the submission made by the learned Government Advocate (Crl.Side) the petitioner is having one previous case. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that he is having one previous case and the same is not similar in nature, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arni, Tiruvannamalai District on condition that the

petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall sign before the respondent police twice a day at 10.30 a.m., and 5.30 p.m., for a period of four weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as

laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

05.06.2026 Vv To:

1.The Judicial Magistrate, Arni, Tiruvannamalai District 2.The Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District. 3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

VV 05-06-2026