Thangapandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10545 of 2026 1.Thangapandi 2.R.Sundarapandi 3.P.Parasuramar ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Sapthur Police Station, Madurai District.

(Crime No.85 of 2026)

...Respondents/Complainant

For Petitioners : Mr.S.Moorthy Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 85 of 2026 on the file of the respondent police.

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 and Section 21(V) of 1/6

MMDR Act, in Crime No.85 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 21.05.2026 the petitioners were illegally transported Red sand in a tipper lorry during the police usual inspection. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Co-accused has been granted bail. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The accused persons are illegally transported red sand. They escaped from the scene of occurrence. Hence, the defacto complainant parties only seized the vehicle. The first petitioner has 8 previous cases, the second petitioner has 3 previous cases and the third petitioner hs five previous cases. Investigation is still pending. He vehemently opposed the grant of anticipatory bail to the petitioners.

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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 petitioner, considering the quantity and nature of minerals involved, even according to the prosecution the all the persons escaped from the place of occurrence and they only seized the vehicle along with minerals, though the petitioners have some previous cases, in all those cases the petitioners were granted bail, and and considering all other facts and circumstances of the case, 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 District Munsif cum Judicial Magistrate, Peraiyur, on condition that the petitioners shall execute a bond for a sum of Rs.

10.30 a.m., on every Saturday for a period of four weeks, 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 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) 09.06.2026 TM To 1.The District Munsif cum Judicial Magistrate, Peraiyur. 4/6

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

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10545 of 2026 Date : 09.06.2026 6/6