Rajamanikkam v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Rajamanikkam

2. Gnanprakash

3. Raja ..Petitioners Vs The State rep. by, The Inspector of Police, Kolathur Police Station, Salem District.

(Crime No.123/2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in Crime No.123 of 2026 on the file of the Respondent. For Petitioner:

Mr.C.Deepak Kumar For Respondent:

Ms.R.S.Indira Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence 303(2) of BNS, 2023 read with Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.123 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioners were attempted to cut stones from the PWD land by using two compressor without obtaining permission. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners were innocent and that they have been falsely implicated in this case. He further submitted that 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 no previous cases have been registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6. Considering the totality circumstances of the case and on the further fact that the petitioners have no previous case, this Court is inclined to grant anticipatory bail to the petitioners, 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 No.1, Mettur, Salem on condition that the petitioners shall execute a separate bond each 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 draft jointly for a sum of Rs.50,000/- (Rupees Fifty Thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Salem District', (Non refundable) before the learned Judicial Magistrate No.1, Mettur, Salem District;

(d) On production of the above Demand Draft, 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 realize and

utilize 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; (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.

02-06-2026 Index: Yes/No Speaking/Non-speaking order NSL

C.KUMARAPPAN, J.

NSL To

1. The Inspector of Police, Kolathur Police Station, Salem District.

2. The Public Prosecutor, High Court of Madras.

3. The Judicial Magistrate No.1, Mettur. Salem. 02-06-2026