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Madras High CourtCRL OP(MD)/8032/2026granted

Karuppasamy @ Karuppasamy Vanaraja v. State Of Tamilnadu Rep By Inspector Of Police, Kadamalaikundu

2026-04-27Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Karuppasamy @ Karuppasamy Vanaraja ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Kadamalaikundu Police Station, Theni District.

Crime No.243 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime no.243 of 2026 on the file of the Respondent Police.

For Petitioner : Kannan Gurusami, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offence punishable under Section 303(2) of BNS, 2023 & (Corresponding Section 379 of IPC) and Section 21(4) of MMDR Act, in Crime No.243 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 14.04.2026 at about 08.00 p.m, the respondent police were on surveillance, they found a Tractor bearing Reg.No.TN-60-D-8798 loaded with 1 unit of odai sand and on seeing the police party, the petitioner escaped from the scene of occurrence and the respondent police seized the lorry with sand. Hence, the case.

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

4. The learned Government Advocate (Crl. Side) would submit that the petitioner illegally transported the 1 unit of odai sand and the 2/6

offence committed by the petitioner is grave in nature and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that the petitioner has no previous case.

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 involved in this case and the petitioner has no previous 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, Aundipatti, Theni District, and on further conditions that:

[b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the 3/6

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 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.

27.04.2026 dss 4/6

To 1.The Judicial Magistrate, Aundipatti, Theni District. 2.The Inspector of Police, Kadamalaikundu Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.8032 of 2026 Date : 27/04/2026 6/6