Karthik v. The State Rep By, the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offences under Sections 303(2) and 326(a) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.169 of 2025, on the file of the respondent police, seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner was involved in illegal transportation of 60 kgs of river sand in a vehicle, viz., TVS 100 Heavy Duty bearing Reg.No.TN 83 C 4543, without any valid permit or licence. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and 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 petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and, upon instructions, Page3 of 6 submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

¶5Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

¶6From the submission made by the learned Government Advocate (Crl.Side) the petitioner does not have any previous cases. 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.

¶7Accordingly, 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, Vaniyambadi, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: Page4 of 6

(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 sign before the respondent police twice a day at 10.30 a.m., and 5.30 p.m., for a period of four 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 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 09-04-2026 dk Page5 of 6 To

¶1The Judicial Magistrate, Vaniyambadi.

¶2The Inspector of Police, Ambalur Police Station, Tirupattur District.

¶3The Public Prosecutor High Court of Madras. CRLoOPoNo.8988oofo2026 C.KUMARAPPAN,oJ. dk CRLoOPoNo.o8988oofo2026 09-04-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 8988 of 2026 Karthik S/o.Vengatesan, No.180, Mariyamman Kovil Street, Vaniyambadi Taluk, Tirupattur District. ...Petitioner/Accused Vs The State Rep by, The Inspector of Police, Ambalur Police Station, Tirupattur District. (Cr.No.169 of 2025) ...Respondent/ Complainant Prayer : Criminal Original Petition filed under Section 482 of BNSS r/w 438 of Cr.P.C., to enlarge the petitioner on bail in the event of arrest in Crime No.169 of 2025 pending investigation on the file of the respondent police. For Petitioner: Mr.Sanjay A For Respondent: Mr.P.Dhileepan Government Advocate (Crl.Side) Page2 of 6