Suthakar v. State Rep.By

ORDER The petitioners apprehend arrest for the alleged offences under Sections 303(2) of BNS read with 21(1) of MMDR Act in Crime No.276 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioners is that they had illegally transported three units of Gravel sand and loaded in a tipper lorry without obtaining permission from the competent authorities. Hence, the present petition for anticipatory bail.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners. The learned counsel for the petitioners voluntarily submitted that he undertakes to pay a sum of Rs.80,000/- as non-refudnable deposit to any of the welfare scheme without prejudice to his defence.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, Page3 of 7 submitted that the petitioners had illegally transported three units of Gravel sand by using tipper lorry. Hence he opposed to grant anticipatory bail to the petitioners.

¶5I have given my anxious consideration to either side submissions.

¶6From the submission made by the learned Government Advocate (Crl.Side) and the learned counsel for the petitioners, though, this Court views the offence of theft of natural resources and its exploitation as serious offence, and upon the fond hope that they would mend themselves 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.

¶7Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif cum Judicial Magistrate, Thiruvennainallur on condition that each of the petitioners 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 7

(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 slip (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.80,000/- (Rupees Eighty Thousand only), (i.e., Rs.40,000/- (Rupees Forty Thousand only each) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Villupuram District', (Non refundable) before the learned District Munsif cum Judicial Magistrate at Thiruvennainallur;

(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; Page5 of 7

(e) The petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks and there after as and when required for interrogation;

(f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];

(g) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 07-07-2026 Index: Yes/No Speaking/Non-speaking order MFA Page6 of 7 To

¶1The District Munsif cum Judicial Magistrate, Thiruvennainallur.

¶2The Inspector of Police, Villupuram Taluk Police station, Villupuram district.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o17028oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o17028oofo2026 07-07-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Suthakar S/o.Veerasamy, No.286, Mariyamman Kovil Street, Thalavanur, Tiruppachanur, Villupuram-605103. 2. Ilayaraja S/o.Ayyanar, No.4/607, Anganvadi street, Maragathapuram, Villupuram-605401. ..Petitioner(s) Vs State represented by The Inspector of Police, Villupuram Taluk Police station, Villupuram District. Cr.No.276 of 2026. ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS praying to enlarge the petitioners on anticipatory bail in the event of the arrest pending investigation in Cr.No.276 of 2026 on the file of respondent police. For Petitioner(s): M/S.Saravanabhavan G For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) Page2 of 7