M.Thiyagarajan v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Thiyagarajan S/o C.Munirathinam, No.59, Mariyamman Kovil Street, Thellur, Vellore.
..Petitioner(s) Vs The State Rep By, The Inspector of Police Ariyoor Police Station Vellore District.
Crime No.14 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.14 of 2026 on the file of respondent police. For Petitioner(s):
Mr. M.R.Thangavel For Respondent(s):
MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE )
ORDER
The petitioner, who apprehends arrest for the alleged offence punishable under Sections 303(2), 326(a) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.14 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 is found to be stored 14 units of river sand for the purpose of constructing house. The revenue officials have inspected the premises and found that the same was quarried illegally from some other place, which led to registration of the case. Hence, the present petition for anticipatory bail.
3. The learned counsel for the petitioner submitted that the petitioner is only the broker of the alleged river sand. He further submitted that he has not committed any such offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that the co-accused has already been released on anticipatory bail in Crl.OP.No.3011 of 2026 dated 09.02.2026. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court. 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. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.
6. From the submission made by the learned Government Advocate (Crl.Side) 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.
7. Accordingly, the petitioner is ordered to be released on anticipatory 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 made ready, before the learned Judicial Magistrate No.I, Vellore, on condition that the petitioner shall execute a bond 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 petitioner fails to surrender before the concerned 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 slip (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 is directed to produce a demand draft for a sum of Rs.1,90,000/- (Rupees one lakh Ninety thousand only) in favour of the 'The Chairman/District Collector, The
District Mineral Foundation Trust of Vellore District', (Non refundable) before the learned Judicial Magistrate-I, Vellore; (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 and there after as and when required for interrogation; (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.
09-06-2026 DRL
To 1.The Judicial Magistrate No.I, Vellore.
2.The Inspector of Police Ariyoor Police Station Vellore District.
3.The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
DRL 09-06-2026