Nizam Mohideen v. The State Rep by the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offence under Sections 326, 303(2) of B.N.S. and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.267 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that the petitioner, a driver, was involved in the illegal transportation of 6 units of gravel sand in a lorry (Registration No. TN87E0363) without a valid permit or license. Hence, the case has been registered.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that there are no adverse antecedents against the petitioner. However, he opposed the grant of anticipatory bail to the petitioner.

¶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), it is evident that 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 Page3 of 5 no previous case, and upon the fond hope that he would mend themselves 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.

¶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 is made ready, before the learned Judicial Magistrate, Sriperumbudur on condition that the petitioner shall execute a 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 petitioner fails 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; Page4 of 5

(c) The petitioner 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 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-08-2026 Index: Yes/No Speaking/Non-speaking order VEDA To

1.The Judicial Magistrate, Sriperumbudur.

2.The Inspector of Police, Oragadam Police Station, Kancheepuram.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o21495oofo2026 C.KUMARAPPAN,oJ. VEDA CRLoOPoNo.o21495oofo2026 06-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN A.Nizam Mohideen ..Petitioner Vs The State Rep by The Inspector of Police, Oragadam Police Station, Kancheepuram. [Crime No.267 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in Cr.No.267 of 2026 in the event of his arrest pending investigation on the file of the Respondent police and pass such further or other orders. For Petitioner: Mr. R. Vinayaga Vishnu For Respondent: Mr.N.Palanivel Government Advocate (Criminal side)