Rakesh v. State by Its Sub Inspector of Police

ORDER The petitioners who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 303(2), 326(a) of BNS r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.9 of 2026, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners had illegally transported 3 units of lake sand in the lorry and same was intercepted and driver of the lorry stopped the vehicle and ran away. Consequently case is registered.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent; that they have executed the order of Accused No.3, contractor who is engaged to do Government Contracts. There is a contract entered between the owner of the vehicle and the contractor, hence prays to grant anticipatory bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the petitioners have no bad antecedents, petitioner in CRL OP No.4583 of 2026 is Page3 of 5 owner of Vehicle and petitioner in Crl OP No.4584 of 2026 is driver of the lorry.

¶5Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the contraband was seized, the petitioners have no bad antecedents and it is alleged that, A3 in this case is contractor and on the basis of his instructions, vehicle is used to transport the sand, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, 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 is made ready, before the learned Judicial Magistrate, Sholingur, Ranipet District, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand Page4 of 5 dismissed and on further conditions that: [a] 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. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial; [c] the petitioners shall not abscond either during investigation or trial. [d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioners in accordance with law as if the 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)AIR SCW 5560]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 25-02-2026 GBI To

1.State by its Sub Inspector of Police Kondapalayam Police Station, Kondapalayam, Ranipet District. (Crime No. 9 of 2026)

2.The Judicial Magistrate, Sholingur, Ranipet District.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o4583oofo2026 K.RAJASEKAR,oJ. GBI CRLoOPoNos.4583o&o4584oofo2026 25-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR CRL OP Nos.4583 & 4584 of 2026 CRL OP No.4583 of 2026 Rakesh ..Petitioner(s) Vs State by its Sub Inspector of Police Kondapalayam Police Station, Kondapalayam, Ranipet District. (Crime No. 9 of 2026) ..Respondent(s) CRL OP No.4584 of 2026 Vinay Minz Vs. State by its Sub Inspector of Police Kondapalayam Police Station, Kondapalayam, Ranipet District. (Crime No. 9 of 2026) COMMON PRAYER These petitions have filed under Section 482 of BNSS, 2023, seeking to enlarge the Petitioners on bail in the event of their arrest in Crime No. 9 of 2026 on the file of the Respondent. For Petitioner(s): Mr.K G Senthil Kumar For Respondent(s): Ms.J.R.Archana Government Advocate Crl.side Page2 of 5