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Madras High CourtCRL OP(MD)/10420/2026granted

Sandhiyagu v. The State Of Tamilnadu

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. Sandhiyagu

2. Anthonisamy

3. Sebasthiyar ... Petitioners/Accused No.1 to 3 Vs The State of Tamilnadu Rep By, The Inspector of Police, Ambadurai Police Station, Dindigul District.

Cr.No.64 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.64 of 2026 on the file of the respondent police.

For Petitioners : S.Sivaprakash, 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 Sections 303(2) of BNS, 2023 and Sections 21(1) & 21(4) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.64 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.03.2026, on secret information, the respondent police went to Sirunaickanpatti Kulam, Athoor Taluk, Dindigul District, and found that two Tipper Lorries bearing Reg.No.TN-57-BR-6898 and TN-57-Y-8348 loaded with 3 units of sand. On seeing the police party, they fled away 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. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) would submit that the petitioners and the other accused illegally transported 3 units of sand and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that the first petitioner has no previous case and the second petitioner has 6 previous cases and the third petitioner has 1 previous case.

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 first petitioner and though the petitioners 2 & 3 has some previous cases, in those cases, they were released on bail, 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 Judicial 3/6

Magistrate-II Court, Dindigul, on condition that the petitioners shall 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 4/6

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) 08.06.2026 dss To 1.The Judicial Magistrate-II Court, Dindigul. 2.The Inspector of Police, Ambadurai Police Station, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J dss

ORDER

IN CRL OP(MD) No.10420 of 2026 Date : 08/06/2026 6/6