Kalathi v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Kalathi S/o. VAJJIRAVEL, NO 48 VADAVANDAI STREET, NEDUMPIRAI, CHEYYAR, THIRUVANNAMALAI ..Petitioner(s) Vs The State Rep By The Inspector Of Police K-3 Moranam Police Station, Thiruvannamali.

(Crime No.72/2026) ..Respondent(s) Criminal original petition is filed under Section 482 BNSS to enlarge the Petitioner / Accused on bail in the event of his arrest in Crime No.72 of 2026 on the file of the Inspector of Police K-3 Mornam Police Station, Thiruvannamalai. For Petitioner(s):

Mr.Tamilselvan A For Respondent(s):

Mr.S.Yogaraja Sekar,Counsel for Government of Tamil Nadu (Crl.Side) Order The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 303(2) and 326(a) of BNS r/w

Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.72/2026, 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 false implication in the case, seeks indulgence of this Court. He submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- to the Tamil Nadu Legal Services Authority. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore he prayed to grant anticipatory bail to the petitioner.

3. The case of the prosecution as put forth by the learned Government Advocate (Crl,Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner is in illegal possession of one unit of Porambu Sand in a tractor. There are no previous cases pending against the petitioner.

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 Tamilnadu State Legal Services

Authority, High Court Campus, Chennai, 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 are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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, Cheyyur, 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 sk/dna 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, Cheyyur.

2. The Inspector Of Police No 48 Vadavandai Street Nedumpirai Cheyyar ThiruvannamalaiK-3 Moranam Police Station, Thiruvannamalai.

3. The Tamilnadu State Legal Services Authority, High Court Campus, Chennai,

4. The Public Prosecutor, Madras High Court.

MOHAMMED SHAFFIQ J.

sk/dna 29-05-2026