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Madras High CourtCRL OP(MD)/10412/2026granted

Melikko v. State Of Tamilnadu Rep By Inspector Of Police

2026-06-08Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL

1. Melikko

2. Thomas ... Petitioners/Accused Rank Not Known Vs State of Tamilnadu Rep by, The Inpector of Police, Ilayangudi Police Station, Sivagangai District.

(Crime No. 220 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 220 of 2026 on the file of the Respondent Police.

For Petitioners : S.Rameshkumar, Advocate.

For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) 1/6

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957, and under Section 303(2) of BNS, 2023 and in Crime No.220 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 01.06.2026, at about 05.00 a.m, when the respondent police were on patrol duty, they intercepted the Tipper Lorry and found that the petitioners illegally transported 2 1⁄2 units of savudu sand and on seeing the police party, they fled away from the scene of occurrence. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that no previous case is pending against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Crl. Side) would submit that the petitioners illegally transported 2 1⁄2 units of savudu sand and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that no previous case is pending against 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 mineral involved in this case and no previous case is pending against the petitioners, 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 anticipatory 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 District Munsif cum Judicial Magistrate Court No.I, Ilayangudi, Sivagangai District, on condition that the petitioners shall 3/6

execute 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 concerned and on further conditions that:

[b] the petitioners shall report before the respondent police, every Saturday at 10.30 a.m. for a period of 4 weeks, and thereafter as and when required for the 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 4/6

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) 08.06.2026 dss To 1.The District Munsif cum Judicial Magistrate Court No.I, Ilayangudi, Sivagangai District.

2.The Inpector of Police, Ilayangudi Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL,J dss

ORDER

IN CRL OP(MD) No.10412 of 2026 Date : 08/06/2026 6/6