Palanivel v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Palanivel S/o.Kanthan, No.81/1, South street, Periya Karukkai, Nagampandal post, Andimadam Taluk, Ariyalur District-621801.

2. Adaikalaraj S/o.Maria Anandham, No.974, 2nd road, Velichangudy, Peria Krishnapuram Post, Andimadam Taluk, Ariyalur District-621 805.

..Petitioner(s) Vs State rep.by The Inspector of Police, Srimushnam police station, Cuddalore District.

Cr.No.76 of 2025.

..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioners/accused 3 and 4 on anticipatory bail in the event of their arrest pending investigation in Cr.No.76 of 2026 on the file of the respondent. For Petitioner(s):

Mr.Kavikannan M For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 303(2) and 326(a) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.76 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioners is that the petitioners were involved in illegal transportation of half unit of river sand without any valid permit or licence and that the petitioners were caught red handed by the respondent police. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners were innocent and they have not committed any such offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate for investigation. 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 do 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 case, 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 Judicial Magistrate-II, Vridhachalam, on condition that the petitioners shall execute a separate 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 petitioners fail 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 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 petitioners shall sign before the respondent police twice a day at 10.30 a.m., and 5.30 p.m., for a period of four weeks and thereafter, as and when required for interrogation;

(d) 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];

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

8.This Criminal Original Petition is ordered accordingly. 12-06-2026 Index: Yes/No Speaking/Non-speaking order KMI

To 1.The Judicial Magistrate-II, Vridhachalam.

2. The Inspector of Police, Srimushnam police station, Cuddalore District.

3.The Public Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

KMI 12-06-2026