Sakthi v. State Rep. by the Inspector of Police,

O R D E R The petitioners were apprehend arrest for the alleged offence under Section 303(2) of BNS r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.351 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioners were found transporting 16 metric tons of gravel stone in a tipper lorry bearing registration number TN-54-C-0325 without any valid permit or licence.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution. He stated that the first petitioner is the owner and the second petitioner is the driver of the vehicle, and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to cooperate with the investigation and, hence, prayed for the 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.

¶5Taking into consideration the totality of the circumstances, though this Court views the offence of theft of natural resources and its exploitation as a serious offence, taking into consideration the fact that the petitioners have no criminal antecedents, 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.

¶6Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Tirupattur, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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 petitioners 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 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 first petitioner/accused is directed to produce a demand draft for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) in favour of 'The Chairman / District Collector, The District Mineral Foundation Trust of Tirupattur District', (Non refundable) before the learned Judicial Magistrate No.II, Tirupattur;

(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 three weeks;

(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 absconds, a fresh FIR can be registered under Section 269 of BNS Act.

24.07.2026 cda To

1.The Judicial Magistrate No.II, Tirupattur.

2.The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.

3.The Public Prosecutor, High Court of Madras. C.KUMARAPPAN.J. cda Crl.OP.No.19846 of 2026

24.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Sakthi 2.Arumugam ... Petitioners Vs. The State Rep. by The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District. Crime No.351 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.351 of 2026 pending on the file of the respondent police. For Petitioners : Mr.E.Kannadasan For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)