Subbaiah v. State Of Tamilnadu Rep By Inspector Of Police, Manapparai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.03.2026 PRESENT The HONOURABLE Mr.JUSTICE. K.K.RAMAKRISHNAN CRL.OP.(MD).No.4776 of 2026 1.Subbaiah 2.Velu 3.Rajkumar ... Petitioners Vs.

The State of Tamil Nadu, Represented by the Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.53 of 2026) ... Respondent For Petitioner : Mr.A.Joel Paul Antony For Respondent : Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER in all cases :- For Anticipatory Bail in Crime No. 53 of 2026 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS and Section 21(1) of 1/6

Mines and Minerals (Develoment and Regulation) Act, 1957, in Crime No.53 of 2026, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 05.02.2026, the petitioners illegally transported the river sand using the Bullock Carts. Hence, the case has been registered for the above said offences.

3.The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case and they are innocent persons. Hence, he seeks this Court to grant anticipatory bail to the petitioners. The accused 6, 7 and 8 are the petitioners herein and the remaining accused have been arrested and released on bail. Hence, he seeks anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. side) appearing for the respondent on instructions submitted that there are 8 accused said to have committed the theft of river sand. The accused 6, 7 and 8 are the petitioners herein and the remaining accused have been arrested and released on bail. He vehemently, opposed the grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances and considering the quantity 2/6

of minerals involved, this Court is inclined to grant anticipatory bail to the petitioners on condition. Accordingly, this Criminal Original Petition is allowed on condition that the petitioners shall pay a sum of "Rs. 3,000/-"(Rupees Three Thousand Only) "each" as non-refundable, to the credit of the Head Master, Sethupathi Government Higher Secondary School, Thiruchuli, Account No.30700985498, State Bank of India, Tiruchuli, IFSC Code: SBIN0003832, without prejudice to their rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate, Manapparai, Trichy District. 6.

On production of receipt / acknowledgement for having deposited the amount, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate, Manapparai, Trichy District, within a period of fifteen days from the date on which the order made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of fifteen days and thereafter, as and when required. [c]the petitioners shall not tamper with the 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 are 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 BNS.

04.03.2026 TM To 1.The Judicial Magistrate, Manapparai, Trichy District. 2.The Inspector of Police, Manapparai Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN,J TM

ORDER

IN CRL OP(MD) No.4776 of 2026 Date : 04.03.2026 6/6