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Madras High CourtCRL OP(MD)/9842/2026allowed

Shachithanantham v. State Of Tamilnadu Rep By

2026-05-27Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.05.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL.O.PMD).No.9842 of 2026 Shachithanantham ... Petitioner Vs The State of Tamil Nadu represented by The Inspector of Police, Thanjavur Tamil University Police Station, Thanjavur, Thanjavur District.

(Crime No.114 of 2026) ... Respondent For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondent : Mr.T.Lenin Kumar Counsel for the State of T.N.

(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S.

PRAYER :- For Anticipatory Bail in Crime No.114 of 2026 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.114 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 16.04.2026, when a spot inspection conducted in the lands belonging to the petitioner, it was found that the petitioner has illegally stored 560 unit of red sand. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He has also produced the copies of permits for transferring red sand. However, he would further submit that the petitioner, without prejudice to his 2/6

right, is ready to deposit the amount that may be imposed by this Court.

4. The learned Counsel for the State (crl.side) appearing for the respondent police would submit that the petitioner was found in illegal possession of 560 unit of red sand. He would further submit that the petitioner is not having any previous cases.

5. Considering the above and also the nature of the charges levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Mineral Foundation Trust, Thanjavur District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate No.II, Thanjavur.

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7. On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Thanjavur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned 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 report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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

[e]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 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];

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J) 27.05.2026 cmr TO

1. The Judicial Magistrate No.II, Thanjavur.

2. The Inspector of Police, Thanjavur Tamil University Police Station, Thanjavur, Thanjavur District.

3. The District Mineral Foundation Trust, Thanjavur District.

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

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K.MURALI SHANKAR,J cmr ORDER IN CRL.O.PMD).No.9842 of 2026 Date : 27.05.2026 6/6