Thanigaimalai v. State Rep By, the Inspector of Police

ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2), 326(a) of BNS read with 21(1) Mines and Minerals Act, in Cr.No.101 of 2026, on the file of the respondent police, seeks anticipatory bail. Page1 of 6

2.It is the case of the prosecution that the petitioner is alleged to have transported ¼ unit of river sand illegally in a bullock cart, without any valid permits. Hence the case.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case. He further submitted that the allegation is only that the petitioner had allegedly transported ¼ unit of river sand in a bullock cart without any valid permit. The learned counsel contended that the petitioner is ready to cooperate with the investigation and abide by any condition that may be imposed by this Court. Hence, he prayed that the petitioner may be enlarged on anticipatory bail.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has two previous criminal antecedents. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5.In view of the rehabilitation undertaken under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice Page2 of 6 to his rights and contentions before the trial Court.

6.Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

7.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶8Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit 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 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of Page3 of 6 their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust. [c] the petitioner shall report before the respondent police daily at

10.30 for a period of two weeks and thereafter as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 17-07-2026 JRS Page4 of 6 To

¶1The Judicial Magistrate, Arni.

¶2The Inspector of Police Kalambur Police Station, Tiruvannamalai District. Crime No.101 of 2026

¶3The Public Prosecutor, High Court, Madras. Page5 of 6 CRLoOPoNo.o18846oofo2026 G.K.ILANTHIRAIYAN,oJ. JRS CRLoOPoNo.o18846oofo2026 17-07-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Thanigaimalai S/o. Elumalai, No.32, Polur Taluk, Thirumalai Post, Vambalore, Tirumalai, Tiruvannamalai. ..Petitioner(s) Vs State Rep By, The Inspector of Police Kalambur Police Station, Tiruvannamalai District. Crime No.101 of 2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNNS, 2023, praying to enlarge the petitioner on bail in the event of arrest by the respondent police on or his appearance before the concerned court in connection with crime No.101 of 2026 (on the file of Inspector of Police, Kalambur Police Station, Tiruvannamalai District). For Petitioner(s): Mr. Kalaikumar S For Respondent(s): Mr.N.Palanivel Government Advocate (crl.side)