A.Murugan v. The State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
1. A.Murugan S/o.R.Angamuthu, 290/2, M.R.Illam, Selvambal Hospital Backside road, Vaazhapadi, Salem-636115.
2. M.Anil Kumar Bathija S/o.V.Manoharlal, No.1-C/2, Seerangapalayam East Street, Hasthampatti, Salem-636007.
..Petitioner(s) Vs The State rep.by, The Inspector of Police, Vaazhapadi Police Station, Salem District.
Cr.No.239 of 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 their arrest to the respondent police in Cr.No.239 of 2026 on the file of the respondent police the Inspector of Police, Vaazhapadi Police Station, Salem district. For Petitioner(s):
Mr.Abdukumar Rajarathinam for M/S. R MURUGAN For Respondent(s):
MR.N. PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent
police for the alleged offences punishable under Sections 303(2) of BNS and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.239 of 2026, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that, during an inspection conducted by the officials of the Department of Geology and Mining and Revenue Department, it was found that the accused had illegally quarried and transported grave and ordinary stones without valid permission, thereby causing loss to the Government. Hence, the case.
3. Learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the petitioners have not committed any illegal quarrying or transportation of minerals and 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. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioners have no previous cases against them. Hence, he opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the nature of allegations and that the petitioners have no previous cases against them, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Vazhapadi, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police daily at 10.30 for a period of two weeks and thereafter as and
when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
11-06-2026 DRL To 1.The District Munsif cum Judicial Magistrate, Vazhapadi.
2.The Inspector of Police, Vaazhapadi Police Station, Salem District.
3.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
DRL 11-06-2026