Paramasivam v. State Rep by the Inspector of Police

ORDER The petitioners, who apprehend arrest for the alleged offence under Sections 303(2), 326 of BNS r/w Section 21(5) of Mines & Minerals (Development & Regulation) Act, 1957 and Section 3 of TNPPD Act, in Crime No.136 of 2026, on the file of the respondent police seek anticipatory bail. Page2 of 6

¶2The allegation against the petitioners is that they were involved in the illegal transportation of four units of gravel sand without a valid permit or licence by using a lorry, and 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 respondent police reiterated the prosecution case and, upon instructions, submitted that there are three previous cases pending against the 1st petitioner and there is no previous cases has been registered against the 2nd petitioner. 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. Page3 of 6

¶6Based on the submissions made by the learned Government Advocate (Crl. Side), the first petitioner has three previous cases; hence, this Court is not inclined to grant anticipatory bail to the first petitioner.

¶7Accordingly, this Criminal Original Petition is dismissed as against the 1st petitioner.

8.As far as the second petitioner is concerned, he does not have any previous cases. Although this Court views the offence of theft and exploitation of natural resources as serious, taking into consideration the fact that the second petitioner has no previous cases, and in the fond hope that he will mend his ways in the future and not come under the adverse notice of the respondent police, this Court is inclined to enlarge the second petitioner on anticipatory bail, subject to certain conditions.

9.Accordingly, the 2nd 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, Tiruvannamalai District, on condition that the 2nd 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 2nd petitioner fail to surrender before the Page4 of 6 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 2nd petitioner is directed to produce a demand draft for a sum of Rs.45,000/- (Rupees Forty Five Thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Tiruvannamalai District', (Non refundable) before the learned Judicial Magistrate, Tiruvannamalai 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 2nd petitioner 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 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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 Page5 of 6 Kerala [(2005) AIR SCW 5560];

(g) If the 2nd petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 21-07-2026 GBI To

1.The Judicial Magistrate, Tiruvannamalai District.

¶2The Inspector of Police Tiruvannamalai West P.S. Tiruvannamalai District.

¶3The Public Prosecutor, High Court, Madras.

¶4The Chairman/District Collector, The District Mineral Foundation Trust of Tiruvannamalai District. CRLoOPoNo.o19356oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o19356oofo2026 21-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Paramasivam 2. Gopinath ..Petitioner(s) Vs State rep by The Inspector of Police Tiruvannamalai West P.S. Tiruvannamalai District. Crime No.136 of 2026. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of arrest on connection with Crime No.136 of 2026 pending investigation on the file of Respondent police and thus render Justice. For Petitioner(s): M/S. D.Balaji For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)