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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2026

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Muniyappan ... Petitioner Vs.

The State of Tamil Nadu represented by The Inspector of Police, Koradachery Police Station, Tiruvarur District.

(Crime No.192 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner's anticipatory bail in the event of his arrest in Crime No.192 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.M.Prabu For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS r/w 4 and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.192 of 2026, on the file of the respondent Police, seeks anticipatory bail.

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2. The allegation against the petitioner is that he was involved in the illegal transportation of 9 units of sand without any valid permit. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the totality of the circumstances and the fact that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 2/6

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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Tiruvarur District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 petitioner 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 petitioner/accused is directed to produce a demand draft for a sum of Rs.1,40,000/- (Rupees One Lakh Forty Thousand Only) in favour of 'The Chairman / District Collector, The District Mineral Foundation Trust of Tiruvarur District', (Non refundable) before the learned Judicial Magistrate Court, Tiruvarur District; 3/6

(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 realise and utilise 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 petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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To 1.The Judicial Magistrate Court, Tiruvarur District. 2.The Inspector of Police, Koradachery Police Station, Tiruvarur District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN, J.

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