Balamurugan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.05.2026 THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Balamurugan ... Petitioner Vs State of Tamil Nadu Rep.By, the Inspector of Police, Kallikudi Police Station, Madurai District.

(Crime No.106 of 2026) ... Respondent PRAYER :- For Anticipatory Bail in Crime No.106 of 2026 on the file of the Respondent Police.

For Petitioner : Mr.S.Ramasamy For Respondent : Mr.S.Sivasubramanian Counsel for the State of Tamil Ndu (Crl.Side)

ORDER

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offence under Section 303 (2) BNS and Section 1/6

21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.106 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has illegally transported one unit of gravel 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. However, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit the amount that may be imposed by this Court.

4.The learned counsel for the State of Tamil Nadu (Criminal Side) appearing for the respondent police would submit that the petitioner has transported one unit of gravel sand illegally. He would further submit that the petitioner is not having any previous case. 2/6

5.Considering the facts and circumstances of the case and also taking note of the facts that a lesser quantity of gravel sand is involved in this case and that the petitioner is not having any previous case, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate, Tirumangalam, and on further condition that:

[a] 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 pay a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of the District Mineral Foundation Trust, Madurai District, without prejudice to his rights and contentions before the trial Court. The petitioner shall execute the sureties on showing the receipt of the said amount;

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[c]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;

[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 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 BNS, 2023.

27.05.2026 mm To 1.The Judicial Magistrate, Tirumangalam.

2.The Inspector of Police, Kallikudi Police Station, Madurai District.

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

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K.MURALI SHANKAR,J mm CRL OP(MD) No.9856 of 2026 27.05.2026 6/6