M. Thiyagarajan v. State Of Tamilnadu Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN M. Thiyagarajan S/o. C. Munirathinam, No.59, Mariyamma Kovil Street, Thellur, Vellore-632105.

..Petitioner(s) Vs State of Tamilnadu represented by The Inspector of Police, Ariyoor Police Station, Vellore District.

Crime No.15 of 2026 ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on Anticipatory Bail in the event of arrest by the respondent police in Crime No.15 of 2026 on the file of respondent police. For Petitioner(s):

M/S. M.R. Thangavel For Respondent(s):

MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 303(2), 326(a) of BNS, 2023 read with Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957 (Corresponding to Sections 379, 430 of IPC), in Crime No.15 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner, along with other accused, was found in illegal possession of 5 units of river sand without any valid permit or licence. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the defacto complainant and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. He further submitted that the co-accused has already been released on anticipatory bail in Crl.OP.12682 of 2026 dated 20.05.2026. Hence, he prays to grant anticipatory bail to the petitioner.

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 petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. From the submission made by the learned Government Advocate (Crl.Side), it is evident that the petitioner does not have any previous cases. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that he has

no previous case, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to 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 is made ready, before the Learned Judicial Magistrate No.I, Vellore, 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 shall appear and sign before the respondent police twice a week on every Monday and Friday at 10.00 am until further orders;

(d) 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];

(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

05-06-2026 GBI

To 1.The Judicial Magistrate No.I, Vellore.

2.The Inspector of Police, Ariyoor Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

GBI 05-06-2026