S. Ananthan v. The State of Tamil Nadu, Through the Inspector of Police

ORDER The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) of BNS in Crime No. 59 of 2025, seek anticipatory bail.

¶2The case of the prosecution is that the petitioner was found in possession and transportation of 1 unit of ordinary sand from the patta land and when the officials were came, the petitioner stopped the vehicle and ran away from there. Hence this case.

¶3The learned counsel for the petitioner would submit that it is only a case of transporting ordinary sand from the patta land, and the petitioner is ready to abide by any conditions imposed by this Court. Therefore, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that there is no previous case against the petitioner, and the property is also seized. However, he opposed to grant anticipatory bail to the petitioner.

¶5Considering the above fact and circumstances of the case and also considering the fact that the property has been recovered and that there are no previous cases against the petitioner and allegation is ordinary sand is transported from the patta land and it is not the case of illegal quarrying and Page3 of 5 transporting, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, 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 ready, before the learned Judicial Magistrate, Harur, Dharmapuri District, on condition that the petitioner 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:

(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 respondent police everyday at 10.30 a.m., for a period of two 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 bail by the learned Magistrate/Trial Court himself as laid down by Page4 of 5 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. 17-02-2026 MPA To

1.The Judicial Magistrate, Harur, Dharmapuri District.

2.The State of Tamil Nadu, Through The Inspector of Police. Harur Police Station, Dharmapuri District. Crime No. 59 of 2026

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o3903oofo2026 K.RAJASEKAR,oJ. MPA CRLoOPoNo.o3903oofo2026 17-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR S. Ananthan S/o. Seenivasan, Ellapudaiyampatti Village, Harur Taluk, Dharmapuri District - 636 903. ..Petitioner(s) Vs The State of Tamil Nadu, Through The Inspector of Police. Harur Police Station, Dharmapuri District. Crime No. 59 of 2026, ..Respondent(s) PRAYER: To enlarge the petitioner on bail in the event of their arrest in Crime No. 59 of 2026 on the file of the respondent police. For Petitioner(s): Prakash Raj For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side) Page2 of 5