Selvaraj v. State Rep By, the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) and 232 (a) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 r/w. 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.227 of 2026, on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The allegation against the petitioner is that the petitioner was involved in illegal transportation of one unit of gravel sand using lorry and JCB without any valid permit or licence and that the petitioner was caught red handed by the respondent police. 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 the petitioner 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 one previous case under the I.P.C has been registered against the petitioner. Hence, he 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.From the submissions made by the learned Government Advocate (Criminal Side), it is seen that the petitioner has one previous case, which is not similar in nature. Though, this Court views the offence of theft of natural Page3 of 6 resources and its exploitation as serious offence, taking into consideration the fact that the petitioner has one previous case, which is not similar in nature 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 which the order copy is made ready, before the Learned Judicial Magistrate, Arni, 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.1,10,000/- [Rupees One Lakh Ten Thousand Page4 of 6 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 and 5.30 pm for a period of two months; 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];

(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, Arni.

2.The Inspector of Police Arni Taluk Police Station, Thiruvannamalai District.

3.The Public Prosecutor High Court of Madras. CRLoOPoNo.o16941oofo2026 C.KUMARAPPAN,oJ. EP CRLoOPoNo.o16941oofo2026 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 Selvaraj ..Petitioner(s) Vs State Rep By, The Inspector of Police Arni Taluk Police Station, Thiruvannamalai District. Crime No.227 of 2026 ..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 arrest pending investigation in Crime No.227 of 2026 on the file of the respondent police and thus render justice. For Petitioner(s): Mr.M. Vignesh For Respondent(s): Mr.N.Palanivel Government Advocate (Criminal side)