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Madras High CourtCRL OP(MD)/7320/2026granted

Arul Jeganathan v. State Of Tamilnadu Rep By Inspector Of Police, S.P.Pattinam

2026-04-15Honourable Mr. Justice P.Dhanabal8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Arul Jeganathan 2.Rasakannu @ Rajakannu

...Petitioners/A5 & A6

Vs State of Tamil Nadu rep. by The Inspector of Police, Sundarapandia Pattinam Police Station, Ramanathapuram District.

(Crime No.57 of 2026)

...Respondent/Complainant

For Petitioners:Mr.D.Venkatesh Advocate.

For Respondent :Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.57 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners/A5 & A6, who apprehend arrest at the hands of the respondent for the offences punishable under Section 303(2) of BNS, 2023, and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.57 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 04.04.2026, at about 04.30 a.m., the defacto complainant/Village Administrative Officer, had received a secret information and based on that, the defacto complainant along with police official went to the occurrence place and they found that the petitioners and other accused persons illegally transported Savudu sand by using 6 tractors bearing Registration No.TN65 BA-9796 Mahindra 475 Tractor along with Tailor, TN65 BC1107 Mahindra Yuva Tech Tractor along with 2/8

Tailor, TN 49 BY-1210 Mahindra 475 Tractor along with Tailor, TN 64 AH 7233 Messey Fergusion Tractor along with Tailor, TN 65 BA-9754 Mahindra Yuva Tech Tractor along with Tailor and unregistered new Holland Tractor along with Tailor each loaded with 1⁄2 unit of Savudu Sand. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner and other accused person illegally transported Savudu sand by using 6 tractors each loaded with 1⁄2 unit of Savudu sand 3/8

without any permission. He would further submit that the petitioner has no previous cases. Hence, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and the quantity of the materials involved in this case, and considering the fact that the petitioner has no previous cases, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 4/8

only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Thiruvadani, and on further conditions that:

[b] the petitioner shall report before the respondent Police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to 5/8

take appropriate action against the petitioner 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 15.04.2026 vsg 6/8

To 1.The Judicial Magistrate Court, Thiruvadani.

2.The Inspector of Police, Sundarapandia Pattinam Police Station, Ramanathapuram District.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 7320 of 2026 Date : 15.04.2026 8/8