Venkatesan v. The State Rep by the Inspector of Police,

ORDER The petitioners, who apprehend arrest for the alleged offence Sections 303(2), of BNS, 2023 and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.212 of 2025, on the file of the respondent police seek anticipatory bail.

¶2The allegation against the petitioners is that the petitioners were involved in illegal transportation of ¼ unit of sand without any valid permit or licence by using the bullock-carts and that the petitioners were caught red handed by the respondent police Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and they are willing to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail.

¶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 petitioners. However, he opposed to grant anticipatory bail to the petitioners. Page3 of 6

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

¶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 on anticipatory bail, subject to certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Ulundurpet, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(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 Page4 of 6 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 petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks;

(d) 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 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];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 20-07-2026 JRS Page5 of 6 To

¶1The Judicial Magistrate II, Ulundurpet.

2.The Inspector of Police, Thirunavalur Police Station, Kallakurichi Cr. No. 212/2025

¶3The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19053oofo2026 C.KUMARAPPAN,oJ. JRS CRLoOPoNo.o19053oofo2026 20-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Venkatesan S/o. Muthusamy, 1/92, Senthanadu Main Road, Senthamangalam, Ulundurpet,Villupuram,Tamil Nadu 607 204. 2. Govindhan S/o. Rajalingam, No.6, Pathur Chinnakuppam, Senthamangalam, Chinnakuppam,Villupuram 607 204. 3. Baskar, S/o. Pavadai, 6/44, South Street, Chinnakuppam, Padur,Villupuram 606 115. ..Petitioner(s) Vs The State Rep by The Inspector of Police, Thirunavalur Police Station, Kallakurichi Cr. No. 212/2025 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners/Accused No. 1 to 3, on anticipatory bail in the event of their arrest by the 1st Respondent/Complainant in Cr.No.212 of 2025 on the file the 1st Respondent Police. For Petitioner(s): M/S. Pa Saigovindaraja For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) Page2 of 6