Bagyaraj v. The State Rep. by

ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) of BNS, 2023 and Section 21(1) of Mines and Minerals

(Development & Regulation) Act, 1957 in Cr.No.623 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner herein is found to be involved in transportation of three units of gravel sand withouts proper documentation. Hence, on the transit, it was intercepted by the officials , lorry and minerals have been seized, which led to registration of the case. Hence, the present petition for anticipatory bail.

¶3The learned counsel appearing for the petitioner submitted that though the gravel was taken from the quarry, it was transported without the transit pass. He further submitted that the petitioner is ready to cooperate for the investigation and also ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is not having any previous case. Hence, he vehemently opposed the grant of anticipatory bail.

¶5Heard both sides and perused the materials available on record.

¶6Considering the nature of allegations, the fact that it is not a case of illegal quarrying and it is a case of transporting the sand without transit pass,

the petitioner is not having any previous case, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the District Munsif-Cum-Judicial Magistrate, Annur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the learned District Munsif-Cum-Judicial Magistrate, Annur from Monday to Friday at 10.30 a.m., and also report before respondent police on Saturday and Sunday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

09.02.2026 Vv To

1.The District Munsif-Cum-Judicial Magistrate, Annur

2.The Inspector of Police, Annur Police Station, Coimbatore District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR

, J.

Vv Crl.O.P.No.2897 of 2026

09.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.02.2026 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.2897 of 2026 Bagyaraj ... Petitioner Vs. The State rep by The Inspector of Police, Annur Police Station, Coimbatore District. ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail to the petitioner in the event of his arrest or on his appearance before any Court in connection with the case in Cr.No.623 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.V.Anandhamoorthy For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)