Korivi Sreenivasula v. The State Rep.By, the Inspector of Police,

ORDER The petitioner apprehends arrest for the alleged offence under Sections 303(2) of BNS ( Section 379 of IPC and read with Section 21(1) of Mines and Minerals ( Development& Regulation) Act, 1957 in Crime No.515 of 2025 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner had illegally transported river sand in tipper lorry. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6.From the submission made by the learned Government Advocate (Criminal Side) it is seen that the petitioners had no bad antecedents. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that petitioners had no previous cases, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Ponneri, on condition that the petitioner shall execute a 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 learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned 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 is directed to make a non-refundable deposit of Rs.1,00,000/- [Rupees One Lakh Only] each directly to the credit of "Tamilnadu State Legal Services Authority, High Court Campus, Chennai", without prejudice to the right of the defence before the Trial Court and the receipt shall be produced at the time of executing the bond;

(d) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm for a period of two months; thereafter as and when required;

(e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

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

16.03.2026 sma To

1.The Judicial Magistrate No.II, Ponneri

2.The Inspector of Police, Redhils Police Station, Chennai District

3.The Public Prosecutor, High Court of Madras.

¶4The Tamilnadu State Legal Services Authority, High Court Campus, Chennai C.KUMARAPPAN.J. sma

25.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.03.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Korivi Sreenivasula ... Petitioner Vs. The Inspector of Police, Redhils Police Station, Chennai District Crime No.515 of 2025 ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent police in the above Cr.No.515 of 2025 on the file of the respondent. For Petitioner : Mr.R.Parthiban For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)