Kumar v. State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2026

CORAM

THE HON'BLE MR. JUSTICE R.SAKTHIVEL Kumar S/o.Ayyakannu ... Petitioner/Accused Vs.

The State rep. by The Inspector of Police, Kalamaruthur Police Station, Kallakurichi District Crime No.5 of 2026

...Respondent/Complainant

PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant prearrest bail to the petitioner in Crime No.5 of 2026 on the file of the respondent police.

For Petitioner :

Mr.G.Saravanabhavan Advocate For Respondent :

Mr.A.Gopinath Government Advocate (Criminal Side) 1/8

ORDER

This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondentpolice for the offences punishable under Sections 303 (2) of BNS 2023 r/w 21 (1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.5 of 2026 on the file of the respondent-police.

3. The case of the prosecution is that the petitioner joined hands with the other accused and involved in illegal quarrying and transported 1⁄2 unit of river sand without any valid licence or permit from the competent authority using bullock cart from Perambatu river in Kallakurichi district. Hence, the case.

4. Mr.G.Saravanabhavan, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He however 2/8

submits that the petitioner is ready to abide any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr.A.Gopinath, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner along with co-accused involved in illegal quarrying and transported 1⁄2 unit of river sand using bullock cart from Perambatu river in Kallakurichi district. He further submits that the petitioner has one previous case pending against him. He further submits that the investigation of the case is still pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioner, he will commit similar type of offence and cause loss to wealth of the nation. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. Considering the fact that the petitioner's vehicle along with allegedly transported 1⁄2 unit of river sand has already been seized by the respondent-police, this Court is of the view that the custodial 3/8

interrogation of the petitioner is not necessary. Further, the petitioner has permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the same and also considering the facts and circumstances of the case, the nature of the offence, the quantity of river sand allegedly transported by the accused persons and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner.

Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate II at Ulundurpettai, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate II at Ulundurpettai, (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019'].

proofs to ensure their identity.

(iii) The petitioner shall donate a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Green Committee, Kallakurichi District, within a period of one month from today. He shall also file a proof of payment to the learned Judicial Magistrate II at Ulundurpettai or Trial Court.

(iv) The petitioner shall appear and sign before the respondent police on every Monday and Friday at 10.30 a.m. until further orders. (v) The petitioner shall make himself available for interrogation by a police officer as and when required.

(vi) 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 them from disclosing such facts to the Court or to any police officer.

(vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the 5/8

evidence.

(viii) The petitioner shall not leave India without prior permission of the Court.

(ix) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

(x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.II, Ulundurpettai. or Trial Judge, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21.05.2026 (RSVJ) dpq 6/8

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 Judicial Magistrate No.II, Ulundurpettai.

2. Do Through the Chief Judicial Magistrate, Ulundurpettai.

3.The Inspector of Police, Kalamaruthur Police Station, Kallakurichi District

4. The Green Committee, Kallakurichi District.

5. The Public Prosecutor, High Court of Madras.

7/8

R.SAKTHIVEL.

J.

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