Bharathi Alias Vijayabharathi v. The State Rep. by Inspector of Police,

ORDER The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326(A) of BNS 2023 read with Section 21 and 21(5) of Mines and Minerals (Development & Regulation) Act, in connection with the Crime No.77 of 2026, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner was found to be transporting quarter unit of river sand in a bullock cart without obtaining any valid permission. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he seeks anticipatory bail.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent opposed for the grant of anticipatory bail to the petitioner by reiterating the prosecution case. However, he would submit that four previous cases are against the petitioner. Page3 of 6

¶5Heard both sides and perused the materials available on record.

¶6Considering the nature of the offences, the quantity of minerals involved and the fact that four previous cases are pending against the petitioner, in all of which anticipatory bail has already been granted, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Polur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to Page4 of 6 dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence; [c] the petitioner shall not leave India without the previous permission of the Court; [d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023. 13-05-2026 Index: Yes/No Speaking/Non-speaking order LPP Page5 of 6 To

1.The Judicial Magistrate, Polur.

2.The Inspector of Police, Chetpet Police Station, Tiruvannamali District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o12100oofo2026 P.DHANABALoJ. LPP CRLoOPoNo.o12100oofo2026 13-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Bharathi alias Vijayabharathi ..Petitioner Vs The State Rep. by Inspector of Police, Chetpet Police Station, Tiruvannamali District. (Crime No.77/2026) ..Respondent Prayer : Criminal Original Petition filed under Section 482 of BNSS, to grant an anticipatory bail to the petitioner in event of his arrest in Crime No.77 of 2026 pending on the file of the respondent. For Petitioner: Mr.B. Gopalakrishnan For Respondent: Mr.A.Gopinath, Government Advocate (Crl.Side) Page2 of 6