G. Manikandan v. The State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN G. Manikandan ..Petitioner(s) Vs The State by Inspector of Police Mecheri Police Station, Salem District.

Crime No.236 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.236 of 2026 pending investigation on the file of Inspector of Police, Mecheri Police Station, Salem District.

For Petitioner(s):

Mr.A. Saravanan For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest for the alleged offence under Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 and Section 303(2) of BNS Act, 2023 in Crime No. 236 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner was involved in illegal transportation of 2 units of gravel sand without any valid permit or licence in a vehicle bearing registration No.TN 20 BF 8454 and the petitioner was caught red handed by the respondent police. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner was innocent 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 and he is ready to co-operate for investigation. 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 submitted that the petitioner had illegally transported of 2 units of gravel sand without any valid permit. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); though this

Court views the offence of theft of natural resources and its exploitation as serious offence 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 grant anticipatory bail to the petitioner, subject to certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before learned Judicial Magistrate-II, Mettur, 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 learned 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 petitioner/accused is directed to produce a demand draft for a sum of Rs.70,000/- (Rupees Seventy thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Salem

District', (Non refundable) before the learned Judicial Magistrate-II, Mettur.

(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 thereafter, 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.

29-06-2026 Index: Yes/No Speaking/Non-speaking order nr

To:

1. The Judicial Magistrate-II, Mettur.

2. The Inspector of Police Mecheri Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

nr 29-06-2026