- Court
- High Court of Madras
- Decided
- 18 March 2026
- Bench
- C.Kumarappan
- Case no.
- CRL OP 7138/2026
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Judgment
ORDER The petitioner apprehends arrest for the alleged offences under Sections 303(2) and 326(a) of the BNS Act, 2023, corresponding Sections 379 and 430 of IPC in Crime No.4 of 2026, seeks anticipatory bail.
¶2The case of the prosecution is that the petitioner has illegally transported 2 of units of river sand without any valid permit. Hence, the case.
¶3The learned counsel for the petitioner submitted that the petitioner is innocent and 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 ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.
¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioners.
¶5Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent. Page2 of 6
¶6From the submission made by the learned Government Advocate (Criminal Side) it is seen that the petitioner has 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 he has no previous case, 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 anticipatory 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 V, Vellore, 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 Page3 of 6 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 deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Union Bank of India, Madhya Kailash Branch, Cancer Institute (WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFSC Code No.UBIN0814971, Branch Name and Code 814971, MICR No.600026110 and to produce the Bank Challan before the concerned Magistrate 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 six weeks and 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 petitioner in accordance with law as if the conditions have been imposed and the 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 v. State of Kerala [(2005) AIR SCW 5560]; Page4 of 6
(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 18-03-2026 dk To
¶1The Judicial Magistrate V, Vellore.
¶2The Inspector of Police, Sathuvacheri Police Station, Vellore.
¶3The Public Prosecutor High Court of Madras. Page5 of 6 CRLoOPoNo.o7138oofo2026 C.KUMARAPPAN,oJ. dk CRLoOPoNo.o7138oofo2026 18-03-2026 Page6oofo6
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No.7138 of 2026 K.Sathish S/o.K.Kesavan, No.346 Nehru Nagar, 2nd Street, VTC, Sathuvachari, Vellore. ...Petitioner/A4 Vs State rep.by, Inspector of Police, Sathuvacheri Police Station, Vellore. Cr.No.4 of 2026. ...Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023, to grant anticipatory bail to the Petitioner/Accused no.4 in Crime No.4 of 2026 in the event of arrest pending on the file of the Respondent police. For Petitioner: M/S.MS.Sriraam For Respondent: Mr.P.Dhileepan Government Advocate (Crl.Side) Page1 of 6
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