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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Athilingam S/o.Shanmugam, No.18/1, TAS ENCLAVE, 110th Main Road Extension, Shanthi Colony, Anna Nagar, Chennai District.

2. Dhanavelu S/o.Ganesh, No.2-90a Keela Pattu d/w, Nagari, Chittoor, Andhra Pradesh.

..Petitioner(s) Vs The State Rep. By The Inspector of Police, C2 Periyapalayam Police Station, Thiruvallur District.

Crime No.194/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in connection with Crime.No.194 of 2026 on the file of the respondent and thereby render Justice.

For petitioner(s):

M/s.S.Deivasigamani For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest for the alleged offence punishable

under Sections 303(2) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.194 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioners is that the petitioners were found to have illegally transported 8 units of chips jalli to Andhrapradesh in a lorry without any valid permission. Hence, the present petition for anticipatory bail.

3. The learned counsel for the petitioners submitted that the first petitioner is the owner of the vehicle and the second petitioner is the driver. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

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

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.

6. From the submission made by the learned Government Advocate (Crl.Side) the petitioners 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 they have no previous cases, and upon the fond hope that they would mend themselves in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge them on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate Court, Uthukkottai, Thiruvallur District, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners are directed to produce a demand draft for a sum of Rs.1,30,000/- (Rupees one lakh Thirty thousand only) in favour of the 'The Chairman/District

Collector, The District Mineral Foundation Trust of Thiruvallur District', (Non refundable) before the learned District Munsif cum Judicial Magistrate, Uthukottai, Thiruvallur District;

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

10-06-2026 DRL

To 1.The District Munsif cum Judicial Magistrate Court, Uthukkottai, Thiruvallur District.

2.The Inspector of Police, C2 Periyapalayam Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 10-06-2026