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Madras High CourtCRL OP(MD)/10188/2026granted

Selvam v. The State Of Tamilnadu Rep By The Inspector Of Police, Thennilai

2026-06-05Honourable Mr. Justice P.Dhanabal8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. Selvam, S/o.Ganesan, C.Koodalur, Chinnadharapuram, Aravakuruchi Taluk, Karur..

2. Jayabalan, S/o.Subramani, 3/14, Vallakulathuppalayam, Athipalayam Post, Karur..

3. Ramesh, S/o.Kandasamy, 2/33, Nathaxnedu, Thennilai, Karur..

4. Komarasamy @ Kumar, S/o Rajamanickam, 27, Nethaji Street, Thavittupalayam, Anthiyur, Erode District..

... Petitioners/A1 to A4 1/8

Vs The State of Tamilnadu Rep By, The Inspector of Police, Thennilai Police Station, Thenilai, Karur District.

(Crime No.69 of 2026).

... Respondent/Complainant For Petitioner : Mr.J.Madhu, Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime No.

69 of 2026 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent for the offences punishable under Section 303(2) and 62 of BNS, 2023, and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, 2/8

in Crime No.69 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the Assistant Geographer, Mines and Minerals Department, Karur, gave a complaint before the respondent on 13.04.2026 stating that when the defacto complainant was on duty, at Kodathur, the petitioners along with other accused persons used a tractor compressor vehicle bearing Registration No.TN 20 AF 1134 and TN 32 Z 5209 to drill rocks in S.F.No.16/2 at Kodathur village without valid permit. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Counsel for State of Tamilnadu (Crl. Side) appearing for the respondent Police would submit that the petitioners and other accused persons had illegally drilled the rocks without any permission. He would further submit that the petitioners have no previous cases. However, he opposes to grant anticipatory bail to the petitioners.

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

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners and the quantity of the materials involved in this case, and also considering the fact that the petitioners have no previous cases and the materials have been seized and the material part of the investigation might 4/8

have been completed and even according to the prosecution, no minerals have been transported and hence, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Aravakurichi, on condition that the petitioners 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 learned Judicial Magistrate concerned and on further conditions that:

[b] the petitioners shall report before the respondent police once in a 5/8

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 petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 6/8

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) 05.06.2026 VSG TO 1.The learned Judicial Magistrate Court, Aravakurichi.

2.The Inspector of Police, Thennilai Police Station, Thenilai, Karur 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.10188 of 2026 Date : 05/06/2026 8/8