J.Srinivasan v. State Rep by the Inspector of Police

O R D E R The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.244 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner was involved in illegal transportation of 3 units of savudu sand without any valid permit or license. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any such offence as alleged by the complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and she opposed to grant anticipatory bail to the petitioner.

¶5Though this Court views the offence involving theft and exploitation of natural resources as a serious one, considering the facts and circumstances of the case, and upon the fond hope that the petitioner would mend his ways in future and would not come under the adverse notice of the respondent police, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:

6.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, Ambattur, 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 produce a demand draft for a sum of Rs.80,000/- (Rupees Eighty Thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Thiruvallur District', (Non refundable) before the learned Judicial Magistrate, Ambattur, Thiruvallur District;

(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 petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks and thereafter 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 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];

(g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

13.07.2026 smv

To:

1.The Judicial Magistrate, Ambattur, Thiruvallur District.

2.The Inspector of Police, Ambattur Estate Police Station, Redhills, Tiruvallur District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN,J., smv

13.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN J.Srinivasan ... Petitioner Vs. The State Rep. by The Inspector of Police, Ambattur Estate Police Station, Redhills, Tiruvallur District. ... Respondent (Crime No.244 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.244 of 2026 on the file of the respondent police. For Petitioner : Mr.A.Tamilselvan For Respondent : Mrs.R.S.Indira Government Advocate (Crl. Side)