Sakthivel v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sakthivel S/o. Dilli, No.3/16, Perumal Kovil Street, Melvenbakkam,Jagirthandalam, Vellore District, Tamil Nadu 631 052 ..Petitioner(s) Vs State Rep. by The Inspector of Police Walajapet Police Station, Ranipet District Crime No.212 of 2026 ..Respondent(s) PRAYER :

Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.212 of 2026 on the file of the respondent police and thus render justice. For Petitioner(s):

Mr.S. Sairaman For Respondent(s):

Mr.N.Palanivel Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offences 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.212 of 2026, on the file of the respondent-Police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner illegally transported one unit of river sand by using a Tractor. The petitioner's Tractor was seized with river sand. Based on the complaint, a case has been registered as against the accused.

3. The learned counsel for the petitioner submitted that the petitioner 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 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.II, Walajapet, 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.25,000/- (Rupees Twenty five thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Ranipet District', (Non refundable) before the learned Judicial Magistrate-II, Walajapet;

(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 realize and utilize 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.

08-06-2026 Index: Yes/No Speaking/Non-speaking order MFA To

1. The Judicial Magistrate No.II, Walajapet,

2. The Inspector of Police Walajapet Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Chennai.

C.KUMARAPPAN, J.

MFA 08-06-2026