Anandharaj v. State Rep.By, the Inspector of Police,

ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) and 62 of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 r/w. 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.145 of 2025, on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner along with other accused were illegally theft the granite and marble stones. Hence, the case. Page2 of 6

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that co-accused have already been enlarged on anticipatory bail in Crl.O.P.No.19548 of 2025 on 08.08.2025. 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, opposed to grant anticipatory bail to the petitioner.

¶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.Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration the fact that the co-accused have already been enlarged on anticipatory bail 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 his appearance, within a period of fifteen days from the date on Page3 of 6 which the order copy is made ready, before the Learned Judicial Magistrate-1, Salem, 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.50,000/- [Rupees Fifty Thousand Only] 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 for a period of two weeks; 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 Page4 of 6 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. 03-07-2026 ep Page5 of 6 To

1.The Judicial Magistrate 1, Salem.

2.The Inspector of Police, Panamarathupatti Police Station, Salem District.

3.The Public Prosecutor High Court of Madras. CRLoOPoNo.o16135oofo2026 C.KUMARAPPAN,oJ. EP CRLoOPoNo.o16135oofo2026 03-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Anandharaj ..Petitioner(s) Vs State Rep.by, The Inspector of Police, Panamarathupatti Police Station, Salem District. Cr.No.145 of 2025. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of the arrest in Cr.No.145 of 2025 on the file of the respondent Police. For Petitioner(s): M/s.Komala K For Respondent(s): Mr.N.Palanivel Government Advocate (Criminal side)