Shanmugaraj v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Shanmugaraj ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police, Sattur Town Police Station, Virudhunagar District (Cr.No.309 of 2026).

... Respondent/Complainant For Petitioner : Mr.Jagadeeshwaran R, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.309 of 2026 on the file of the respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 09.06.2026 for the offences punishable under Sections 303(2) of BNS and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No. 309 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that 09.06.2026 at about 12.00 hours, the respondent police intercepted the vehicle bearing registration No.TN 58 AE 5859 and found that the accused persons were illegally transporting 2 1⁄2 units of gravel without any valid permit. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 09.06.2026 and the co-accused has already been enlarged on bail. Therefore, prayed to grant bail for the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that though the petitioner has no previous cases, considering the nature of offence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6.Considering the rival submissions made by the learned counsel on either side, the nature and quantity of mineral involved in this case and considering the fact that the petitioner has no previous case pending at his credit and the the co-accused has already been enlarged on bail as well as taking into account of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees 3/6

Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur, and on further conditions that:

[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks. thereafter. as and when required for interrogation. [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[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 4/6

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 BNS.

(P D B J) 23.06.2026 PNM TO

1. The Judicial Magistrate No.II, Sattur.

2. The Superintendent, Sub Jail, Virudhunagar

3. The Inspector of Police, Sattur Town Police Station, Virudhunagar District

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

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P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.11957 of 2026 Date : 23/06/2026 6/6