Devagumar J v. The State Rep by the Sub Inspector of Police

O R D E R The petitioners, who apprehend arrest for the alleged offence under Section 303(2) and 326(a) of BNS Act, in Crime No.323 of 2025, on the file of the respondent police, seek anticipatory bail. Page2 of 5

¶2The case of the prosecution is that the accused persons have illegally stolen ¼ unit of river sand in bullock cart. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocents and have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, 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.

6.Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, upon the fond hope that they would mend themselves in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge them on anticipatory bail, subject to certain conditions. Page3 of 5

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, Gudiyatham, on condition that the petitioners 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 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 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(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 Page4 of 5 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 abscond, a fresh FIR can be registered under Section 269 of BNS Act.

21.07.2026 ssb To

1.The Judicial Magistrate, Gudiyatham.

2.The Sub-Inspector of Police, Pernampet Police Station, Vellore District.

3.The Public Prosecutor High Court of Madras. CRLoOPoNo.o19376oofo2026 C.KUMARAPPAN,oJ. ssb CRLoOPoNo.o19376oofo2026

21.07.2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.07.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL.O.P.No.19376 of 2026 1.J.Devagumar 2.K.Govinthan @ Govindharaji 3.R.Prasath ..Petitioner(s) Vs State rep.by its, The Sub-Inspector of Police, Pernampet Police Station, Vellore District. Cr.No.323 of 2025 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in Cr.No.323 of 2025 on the file of the respondent Police. For Petitioner(s): Mr.V.Muthupandi For Respondent(s): Ms.R.S.Indira Government Advocate (Criminal side)