Kaleeswaran v. State Of Tamilnadu Rep By Inspector Of Police, Kadaladi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/05/2026
CORAM
THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Kaleeswaran ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.
Crime No.43/2026. ... Respondent/Complainant PRAYER :- For Bail in Crime No.43/2026 on the file of the respondent police.
For Petitioner : Mr.S.Muniyandi, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor ORDER : The Court made the following order :- 1/6
The petitioner, who was arrested and remanded to judicial custody on 26.04.2026 for the offence punishable under Section 303(2) of BNS, 2023 & Section 21(1) of Mines and Minerals Development & Regulation Act, 1957, in Crime No.43 of 2026, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 26.04.2026, the petitioner is said to have illegally transported 1⁄4 unit of river sand by using a Bullock Card at Malataru River bed. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 26.04.2026. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner illegally transported 1⁄4 unit of river and the investigation is still pending and the petitioner has 17 previous cases. Out of which, 5 cases are similar in nature. Hence, he strongly opposed for grant of bail to the 2/6
petitioner.
5. By way of reply, the learned counsel for the petitioner would submit that all the cases are false cases and the same have been registered for statistical purpose only.
6. Taking into consideration of the facts and circumstances of the case and considering the quantity involved in this case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on executing 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, Kadaladi, Ramanathapuram District, 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 3/6
or bank pass book to ensure their identity;
[b]the petitioner is directed to make a non-refundable deposit of a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the Tiruchuli Bar Association, having account in Indian Overseas Bank, Tiruchuli, Account No.247601000024274, IFSC No: IOBA0002476, MICR Code:626020206; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;;
[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
[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 4/6
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 BNS.
13.05.2026 DSS TO
1. The Judicial Magistrate, Kadaladi, Ramanathapuram District.
2. The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.
3. The Superintendent, District Prison, Ramanathapuram.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5.The President, Tiruchuli Bar Association, Virudhunagar District. 5/6
K.K. RAMAKRISHNAN,J DSS
ORDER
IN CRL OP(MD) No.9406 of 2026 Date : 13/05/2026 6/6