Devaraj v. The State Rep. by the Sub Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence punishable under Sections 303(2) of BNS, Act in Crime No.293 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner along with Page2 of 5 other accused was involved in illegal transportation of 5 units of river sand in a Tipper Lorry bearing Registration No.TN 47 BS 1522 without any valid permit or licence. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that he has not committed any such offence as alleged by the prosecution. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court. 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, upon instructions, submitted that no previous cases have been registered against the petitioner. However, she opposed to grant anticipatory bail to the petitioner.

¶5Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

¶6From the submission made by the learned Government Advocate (Crl.Side) the petitioner does 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 he has no previous case, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him Page3 of 5 on anticipatory bail, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Walajapet, 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 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 petitioner is directed to produce a demand draft for a sum of Rs.1,00,000/- (Rupees One Lakh only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Ranipet District', (Non refundable) before the learned Judicial Magistrate No.I, Walajapet;

(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 Page4 of 5 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 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 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. 20-07-2026 DRL To

1.The Judicial Magistrate No.I, Walajapet.

2.The Sub Inspector of Police Walajapet Police Station, Ranipet District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o19074oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o19074oofo2026 20-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Devaraj N0.50, Krishna Nagar,Anandhalai, Melpudhupet, Walajapet, Vellore District, Tamil Nadu-632513. ..Petitioner(s) Vs The State rep. by The Sub Inspector of Police Walajapet Police Station, Ranipet District. Crime No.293 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with in Crime No.293 of 2026 on the file of Respondent Police. For Petitioner(s): Mr.Sasikumar.R. For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)