Murugan v. State Rep.By, the Inspector of Police,

O R D E R The petitioners herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS Act, 2023, and r/w 21(1) Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.14 of 2026 on the file of the respondent Police, seek anticipatory bail.

¶2The case of the prosecution is that, the petitioners herein have illegally quarried the minor minerals (stones) from the mines and without proper transit pass by using an expired transit pass transported 18 cubic metres of stones in a lorry. While it was intercepted by the officials, the driver left the vehicle and ran away from there. Hence, this case.

¶3The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case; due to the breakdown of the vehicle, it was stopped and it is not a case of fabrication of documents and illegal transportation; and that the petitioners are ready to abide by any conditions that may be imposed by this Court and to co-operate for the investigation, hence sought for anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the investigation of this case is pending and though the transit pass was issued with time limit at 9.00.p.m. and it was transported at about early morning of the next day with a view to enrich themselves and since it is illegal transportation of stones, vehicle and the stones were seized.

¶5Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that the vehicle and minor minerals were seized and custodial interrogation of the petitioners is not necessary for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶6Accordingly, 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 No.I, Tambaram, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of copy of this order, this Order shall stand automatically cancelled; [b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter, as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [e] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

02.02.2026 ssa To

¶1The Judicial Magistrate - I, Tambaram.

¶2The Inspector of Police, Kilampakkam Police Station, Chengalpattu District. (Crime No.14 of 2026)

¶3The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J. ssa CRL OP NO.2237 of 2026

02.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.02.2026 CORAM THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2237 of 2026 1. Murugan S/o.Vellaisamy 2. Mahalakshmi W/o.Venkataraman ... Petitioners / A1 & A2 Vs The State Rep. By, The Inspector of Police, Kilampakkam Police Station, Chengalpattu District. (Crime No.14 of 2026) ... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners herein on anticipatory bail in the event of their arrest by the respondent in Crime No.14 of 2026 on the file of the respondent police. For Petitioners : Mr.Punniakoti Ganesan For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side)