Subash v. The State Rep. by Its, the Station House Officer

ORDER The petitioners, who apprehend arrest for the alleged offence Sections 303(2) of BNS r/w 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.185 of 2026, on the file of the respondent police seek anticipatory bail.

¶2The case of the prosecution is that the petitioners are the drivers of two Tipper Lorries bearing Registration Nos.TN-31-AE-8610 and TN-46-M-9546, respectively. It is alleged that they illegally transported 6 units of gravel sand (3 units in each lorry) without any valid permit or license. Consequently, both Tipper Lorries and the 6 units of graval sand were seized. 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, Page3 of 6 submitted that no previous cases have been registered against the petitioners. 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.

¶6From the submission made by the learned Government Advocate (Crl.Side) the petitioners do 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 they have no previous cases, and 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.

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-I, Kallakurichi on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Page4 of 6 only) 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 are directed to produce a demand draft for a sum of Rs.1,60,000/- (Rupees One Lakh and Sixty Thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Kallakurichi District', (Non refundable) before the learned the Judicial Magistrate-I, Kallakurichi;

(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 petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks; Page5 of 6

(f) 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];

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

1.The Judicial Magistrate-I, Kallakurichi.

2.The Station House Officer Kallakurichi Police Station, Kallakurichi District.

¶3The Public Prosecutor, High Court, Madras.

¶4The Chairman/District Collector, The District Mineral Foundation Trust of Kallakurichi District. CRLoOPoNo.o19217oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o19217oofo2026 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. Subash 2. Akash ..Petitioner(s) Vs The State Rep. by its, The Station House Officer Kallakurichi Police Station, Kallakurichi District. Crime No.185 of 2026. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioners on bail in the event of their arrest in Cr.No.185 of 2026 on the file of the Respondent and thus render justice. For Petitioner(s): M/S. W.Camyles Gandhi For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) Page2 of 6