Sankar v. The State Of Tamilnadu Rep By The Inspector Of Police, Kulasekaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7984 of 2026 Sankar ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Kulasekaram Police Station, Kanniyakumari District.

(Crime No.79 of 2026)

...Respondents/Complainant

For Petitioner : Mr.P.T.Ramesh Raja 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. 79 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 303(2) of BNS and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, seeks 1/5

anticipatory bail.

2. The case of the prosecution is that when the defacto complainant parties were on vehicle check up, they found that the petitioner along with other accused persons, illegally transported 4 1⁄2 of blue metal without any valid documents. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution.Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) fairly submits that the offences are grave in nature. The petitioner has committed theft of valuable minerals. Based on the confession statement of the co-accused the petitioner has been implicated in this case. Hence, he vehemently opposed the granting of bail to the petitioner. Investigation is still pending. The petitioner has three previous cases.

5. Heard both sides and perused the materials available on record. 2/5

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, considering the nature of minerals and the quantity involved, based on the confession of the co-accused this petitioner was implicated in this case and no material has been recovered from this petitioner, though the petitioner has three previous cases in all those cases he was granted bail and considering all other facts and circumstances of the case, 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 only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Padmanabhapuram, and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days, 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 3/5

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 take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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) 22.04.2026 TM To 1.The Judicial Magistrate No.II, Padmanabhapuram. 2.The Inspector of Police, Kulasekaram Police Station, Kanniyakumari District.

(Crime No.79 of 2026) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 7984 of 2026 Date : 22.04.2026 5/5