Prabakaran v. State Rep by Its the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) of BNS r/w 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.156 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner was involved in illegal transportation of one unit of Savvudu sand without any valid permit or licence by using a Tractor and that the petitioner was caught red handed by the respondent police. Hence, the case.

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

¶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 petitioner. Page3 of 6 However, he opposed to grant 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), 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 the petitioner 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 grant him anticipatory bail, subject to certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned District Munsif-cum-Judicial Magistrate, Vedaranyam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Page4 of 6 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;

(c) The petitioner/accused is directed to produce a demand draft for a sum of Rs.35,000/- (Rupees Thirty Five thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Nagapattinam District', (Non refundable) before the learned District Munsif-cum-Judicial Magistrate, Vedaranyam;

(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; Page5 of 6

(e) The petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks and thereafter as and when required for interrogation;

(f) 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];

(g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

8.This Criminal Original Petition is ordered accordingly. 07-08-2026 KMI To

1.The District Munsif-cum-Judicial Magistrate, Vedaranyam.

2.The Inspector of Police, Voimedu Police Station, Nagapattinam District.

¶3The Chairman/District Collector, The District Mineral Foundation Trust, Nagapattinam District.

4.The Public Prosecutor Madras High Court. CRLoOPoNo.o21728oofo2026

C.KUMARAPPAN, J. KMI CRLoOPoNo.o21728oofo2026 07-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Prabakaran S/o. Alagusundaram, No.1/20, Nallan, Kuthagai, Ayakkarambulam III Sethi, Nagapattinam District. ..Petitioner(s) Vs State Rep By its The Inspector of Police Voimedu Police Station, Nagapattinam District. Crime No. 156 of 2026 ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the Petitioner on bail in the event of his arrest in Crime No.156 of 2026 on the file of the respondent and thus render justice. For Petitioner(s): M/S. P. Srinivasan For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side) ******** Page2 of 6