Mahesh @ Putheti Mahesh Reddy v. State By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Mahesh @ Putheti Mahesh Reddy S/o. Yanadi Reddy, No. O, Srirangarajapuram, Buchireddypalem, Mandalam, Kalayalagollu, Nellore, Andhra Pradesh.
2. Rajesh S/o. Ramalingam, No. 75, Mannedi Street, Elarrur, Thiruvallur District.
..Petitioner(s) Vs State by Inspector of Police, Thiruvallur Taluk Police Station Thiruvallur District (Crime No. 137 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023,To enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in crime No. 137 of 2026 on the file of Inspector
of police, Thiruvallur Taluk Police station, Thiruvallur District on his appearance before the concerned court and thus render justice. For Petitioner(s):
Mr.S.Sasikumar For Respondent(s):
Mr.N.Palanivel, Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest for the alleged offence 303(2), 326(a) of BNS , 2023 and Section 21(1) of MMDR Act, in Crime No.137 of 2026, on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioners is that the petitioners were involved in illegal transportation of 25 units of river sand by using two lorries bearing Regn.Nos.AP-39-VF-1149 and TN-18-BM-1119 respectively without any valid permit or licence. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are the owners of the lorries respectively and their vehicles were used without their instructions and they are ready to abide by any stringent
condition that may be imposed by this Court and they are ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the petitioners are the owners of the lorries and no previous cases have been registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.
6. From the submission made by the learned Government Advocate (Crl.Side) the petitioners does not have any previous cases. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that the petitioners have no previous case, and upon the fond hope that they would mend themselves in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge them on anticipatory bail, subject to certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned Judicial Magistrate-II, Thiruvallur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioners fails to surrender before the concerned learned 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 petitioners/accused are directed to produce a demand drafts for a sum of Rs.1,75,000/- (Rupees one lakh Seventy Five thousand only) each in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Thiruvallur District', (Non refundable) before the learned Judicial Magistrate-II, Thiruvallur;
(d) On production of the above Demand Drafts, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector. Upon receipt of the said amount, the District Collector shall realise and utilise the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025;
(e) The petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks and there after as and when required for interrogation; (f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
(g) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
05-06-2026 Vv
To
1. The Judicial Magistrate-II, Thiruvallur
2. The Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur District.
3. The Public Prosecutor, High Court, Madras.
4. The Chairman/District Collector, The District Mineral Foundation Trust of Thiruvallur District.
C.KUMARAPPAN, J.
VV 05-06-2026