V Kandhan v. The State Represented By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ CRL.O.P.No.14007 of 2026 V.Kandhan ..Petitioner Vs The State represented by Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District.

Crime No.106/2026.

..Respondent Prayer: The criminal original petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant Anticipatory bail to the petitioner in the event of his arrest in Crime No.106 of 2026 on the file of the respondent police and pass such further or other orders it may be deem it fit and proper in the circumstances of the case and thus render justice. For Petitioner :

Ms.Saritha Sivakumar For Respondent :

Mr.S.Yogaraja Sekar, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 303(2) of BNS, 2023 r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.106 of 2026 on the file of the respondent Police, seeks anticipatory bail.

2. The learned counsel for the petitioner, pleading innocence on the part of the petitioner and alleging false implication in the case, seeks the indulgence of this Court. He submits, however, that without prejudice to the petitioner's defence and contentions, the petitioner is ready and willing to deposit a sum of Rs. 10,000/- with the District Legal Services Authority, Dharmapuri and is prepared to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for the grant of anticipatory bail to the petitioner.

3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the grant of anticipatory bail, is that the petitioner was found illegally transporting one unit of Udai Kal (crushed stone) in a Sonalika tractor without obtaining any valid permit or license.

4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the District Legal Services Authority, Dharmapuri without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Crl.side) for the respondent Police and perused the materials available on record and considering that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Dharmapuri, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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;

[b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action

against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];

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

29-05-2026 Index: Yes/No Speaking/Non-speaking order kmm Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on 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-I, Dharmapuri.

2. The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District.

3. The Public Prosecutor, Madras High Court.

MOHAMMED SHAFFIQ, J.

kmm CRL.O.P.No.14007 of 2026 29-05-2026