M.Sathish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL M.Sathish Kumar, S/o.Mayan, Door No.44, East Street, T.Kamakkapatti, Periyakulam Taluk, Vadugapatti, Theni District..

... Petitioner/Accused Vs State of Tamilnadu Rep. by, The Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No. 236 of 2026).

... Respondent/Complainant For Petitioner : Mr.P.Praveen Kumar, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime No.

236 of 2026 on the file of the Respondent Police. 1/8

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent for the offences punishable under Section 303(2) of BNS, 2023, and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.236 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 21.05.2026, based on the complaint given by the defacto complainant stating that when the defacto complainant conducing usual check up, at that time, they found that the accused persons had illegally transported two units of red soil by using lorry without any valid permission. Hence, the case.

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

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner and other accused persons had illegally transported two units of red soil without any permission. He would further submit that the petitioner has 11 previous cases. However, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

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6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and the quantity of the materials involved in this case, and also considering the fact that though petitioner has some previous cases, the same are not similar kind of offences and in all cases, he was released on bail and the materials have been seized and the material part of the investigation might have been completed and hence, 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 bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Andipatti, Madurai District, on condition that the petitioner shall 4/8

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 concerned and on further conditions that:

[b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for 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.

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[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.

(P D B J) 04.06.2026 VSG 6/8

TO 1.The learned Judicial Magistrate Court, Andipatti, Madurai District.

2.The Inspector of Police, Gandamanur Police Station, Theni District.

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

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P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.10183 of 2026 Date : 04/06/2026 8/8