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

ORDER The petitioners, who apprehend arrest for the alleged offence under Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 and Section 303(2) of BNS, 2023 read with in Crime No. 241 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioners were involved in illegal mining of mud by using two HITACHI vehicles without any valid permit or licence and that the petitioners were caught red handed by the respondent police. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners were innocent and that they have been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners.

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

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

¶6From the submission made by the learned Government Advocate (Crl.Side) the petitioners do 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 they have no previous case, and upon the fond hope that they would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge them 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 their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Vazhapadi on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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 petitioners fail 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 petitioners/accused are directed to produce a demand draft for a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) each in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Salem District', (Non refundable) before the learned Judicial Magistrate, Vazhapadi.

(d) On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector. Upon receipt of the said amount, the District Collector shall realise and utilise the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025;

(e) The petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks;

(f) 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 Page5 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];

(g) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 30-06-2026 JRS To

1.The Judicial Magistrate Court, Vazhapadi.

2.The Inspector of Police, Valappady Police Station, Salem District. Cr.No.241/2026.

3.The Public Prosecutor, Madras High Court. CRLoOPoNo.o16550oofo2026 C.KUMARAPPAN,oJ. JRS CRLoOPoNo.o16550oofo2026 30-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Palaniyammal W/o. Selvaraj, No.436/5, Merku Veethi, Chendrayanpalayam, Senrayanpalayam, Vazhapadi, Salem District. 2. Suresh S/o. Selvaraj, No.436/5, Merku Veethi, Chendrayanpalayam, Senrayanpalayam, Vazhapadi, Salem District. 3. Antony Arockiaraj S/o. Antonysamy, No.436/5, Merku Veethi, Chendrayanpalayam, Senrayanpalayam, Vazhapadi, Salem District. ..Petitioners/ Accused 1 to 3 Vs The State Rep.by, the Inspector of Police, Valappady Police Station, Salem District. Cr.No.241/2026. ..Respondent/ Complainant. Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the even of arrest a case in Cr.No.241 of 2026 on the file of the Respondent. Page2 of 6 For Petitioner(s): M/S. C.Deepakkumar For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)