S.Mani v. The State by

O R D E R The petitioner, who was arrested and remanded to judicial custody on

30.01.2026 for the alleged offence under Sections 21(1) of Mines & Minerals ( Development & Regulation) Act, 195 and Section 303(2) of BNS Act, 2023 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that when the respondent police is on regular check up they found that the petitioner has transported 3 units of red soil. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is in no way connected with the offence and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 30.01.2026 and ready to co-operate with the investigation and abide by any other stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has transported 3 units of red soil and they have intercepted the vehicle and seized the red soil. He further submitted that there is no previous cases pending against the petitioner. However, he opposed to grant bail to the petitioner.

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

¶6Considering the submissions made by both sides; quantity of involved in this case; there is no previous case pending against the petitioner; period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner with certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Edappadi and on further conditions that: [a] 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; [b] the petitioner shall report the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when and required for interrogation; [c] 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 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)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12.02.2026 smn Note :

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

¶1The District Munsif Cum Judicial Magistrate, Edappadi

¶2The Inspector of Police, Poolampatty Police Station, Salem District

¶3The Sub Jail, Sakari, Salem

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR

, J.

smn Crl.O.P.No.3421 of 2026

12.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2026 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3421 of 2026 S. Mani ... Petitioner Vs. The State by The Inspector of Police, Poolampatty Police Station, Salem District ... Respondent (Cr.No.39 of 2026) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Cr.No.39 of 2026 pending investigation on the file of the respondent police. . For Petitioner : Mr.A. Saravanan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)