Ayyappan v. State Of Tamilnadu Rep By Inspector Of Police, Thanjavur Taluk
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Ayyappan, S/o.Chandran ... Petitioner/A1 Vs.
The State of Tamil Nadu Rep.By, the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.
(Crime No.133 of 2026) ... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.133 of 2026 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, read with Section 21(1) of Mines & Minerals (Development and Regulation) Act, 1957, in Crime No.133 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the other accused had illegally quarried and transported 1⁄4 unit of river sand using a Bolero pickup vehicle without any valid permission. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution. He further submitted that the co-accused in this case has already been granted anticipatory bail by the learned Principal Sessions Judge, Thanjavur, on 21.04.2026, and that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/7
4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner has been arrayed as A1 in this case and that he is the owner of the vehicle involved in the offence and that the vehicle along with the river sand has been seized. He also submitted that the co-accused in this case has already been granted anticipatory bail. He further submitted that 15 previous cases have been registered against the petitioner, among which six cases are similar in nature and one case pertains to the Arms Act. Hence, he opposed the grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that the vehicle along with the sand has already been seized, and that the co-accused has already been granted anticipatory bail, and that there are 15 previous cases registered against the petitioner, among which six cases are similar in nature and one case pertains to the Arms Act, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall 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 Judicial Magistrate Court No.II, Thanjavur, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:
[a] the petitioner 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 petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN0000898, MICR Code No.625002601, without prejudice to their contentions and rights before the trial Court, and on such deposit being made, the learned 4/7
Judicial Magistrate shall accept the sureties furnished by the petitioner;
[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned 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 is 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].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(S S Y J) 06.05.2026 mkn To 1.The Judicial Magistrate Court No.II, Thanjavur.
2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
mkn
ORDER
IN 06.05.2026 7/7