Sankar v. The State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Sankar S/o Rathinam, 63, Mariamman Kovil Theru, Melchettipattu,Tiruvannamalai 606 707.

..Petitioner(s) Vs The State rep by The Inspector of Police, Tiruvannamalai West Police Station, Tiruvannamalai.

..Respondent(s) PRAYER : To enlarge the petitioner on bail in the event of his arrest in Crime No.86/2026 on the file of the respondent police and pass such further or other orders and thus render justice.

For Petitioner(s):

Mr.Prithivi Raj V For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 303(2), 326 of B.N.S. Act, 2023 and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in connection with the case in Crime No.86 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported 5 Units of Alluvial Soil in a Tipper Lorry bearing registration No.TN 52 H 3844. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and further submitted that, apart from this case, the petitioner has three previous cases and hence, he strongly 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 police and perused the materials available on record.

6. Considering the nature of allegations and considering the minerals involved in this case, the fact that though the petitioner has three previous cases, all the cases are not similar kind and in all cases already bail was granted to him, this Court is inclined to grant anticipatory bail to the petitioner with certain

conditions.

7. Accordingly, the petitioner is are ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tiruvannamalai 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner shall report before the respondent police on every Saturday at 10.00 a.m., for a period of eight weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the

petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

14-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/SSB 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 No.II, Tiruvannamalai. 2.The Inspector of Police, Tiruvannamalai West Police Station, Tiruvannamalai.

3.The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

MTL/SSB 14-05-2026