P.Ramesh v. The State by Inspector of Police

ORDER The petitioners, who apprehend arrest for the alleged offence under Section 303(1) of BNS, 2023 and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.299 of 2025 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the petitioners is that the 1st petitioner alleged to have illegally transported 3 units of clay in the 2nd respondent's vehicle viz., Tipper Lorry bearing Tn-30 AZ 2841.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent would fairly submit that the 1st petitioner has already been involved in 2 previous cases and there is no previous case against the 2nd petitioner.

¶5Considering the facts and circumstances of the case and the fact that the 1st petitioner has involved in 2 previous case of similar in nature and as against the 2nd petitioner, there is no previous case, this Court is inclined to grant Page3 of 5 anticipatory bail to the 2nd petitioner alone, subject to certain conditions.

¶6Accordingly, the 2nd 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 is made ready, before the learned Judicial Magistrate, Omalur, on condition that the 2nd 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 2nd 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 2nd petitioner shall report before the respondent police as and when required;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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 Page4 of 5 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the 2nd petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. This Criminal Original Petition is dismissed as against the 1st petitioner is concerned. 12-03-2026 Index: Yes/No Speaking/Non-speaking order mtl To

¶1The State by Inspector of Police Tholasampatty Police Station, Salem District.

¶2The Judicial Magistrate Court No.II, Gobichettipalayam, Erode District,

¶3The Public Prosecutor, High Court, Madras. CRLoOPoNo.o6435oofo2026 C.KUMARAPPAN,oJ. MTL CRLoOPoNo.o6435oofo2026 12-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. R.Ramesh S/o.Rajendiran, D.No.1-100, Sengattur, Periyasoragai, Mettur, Salem-636502. 2. P.Kaliyappan Iyannar S/o.Ponnusamy, D.No.2/39-1, Periyasoragai, Mettur, Salem-636502. ..Petitioner(s) Vs The State by Inspector of Police Tholasampatty Police Station, Salem District. Crime No.299 of 2025, ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioners on bail in the event of their arrest by the respondent police in Crime No. 299 of 2025 pending investigation on the file of Inspector of Police, Tholasampatty Police Station, Salem District and thus render justice. For Petitioner(s): Mr.A.Saravanan For Respondent(s): Mr.P.Dhileepan Government Advocate (Crl. side) Page2 of 5