Ezhumalai @ Elumalai v. The State Rep by the Station House Officer

ORDER The petitioner, who was arrested and remanded to judicial custody on

19.07.2026 for the alleged offence under Sections 303(2) of BNS, 2023 r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.293 of 2026 on the file of the respondent, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioner, being the driver of a Tipper Lorry bearing Registration No. TN-88-L-4529, had illegally transported four units of pebbles without a valid permit or license from the Government. The said illicit pebbles was subsequently seized by the respondent police. Hence, the complaint

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. 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 bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is the driver of the vehicle, who had illegally transported 4 units of pebbles in a tipper lorry without any valid permission. He further submitted that the petitioner has three previous cases, similar in nature pending against him. Hence, he opposed to grant 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. Page3 of 6

¶6From the submission made by the learned Government Advocate (Criminal Side), it is seen that the petitioner has three previous cases of a similar nature. However, considering the gravity of theft and exploitation of natural resources, the period of incarceration since 19.07.2026, and in the hope that the petitioner will reform his conduct and refrain from indulging in similar activities in future, this Court is inclined to enlarge the petitioner on bail, subject to stringent conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ulundurpet, Kallakurichi District, and on further conditions that: [a] 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 the identity proofs to ensure their identity; [b] The petitioner/accused is directed to produce a demand draft for a sum of Rs.90,000/- (Rupees Ninety Thousand only) in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Kallakurichi District', (Non refundable) before the learned Judicial Magistrate No.II, Ulundurpet, Kallakurichi Page4 of 6 District at the time of executing a bond;

(c) 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;

(d) The petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks; [e] the petitioner shall not abscond either during investigation or trial; [f] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18-08-2026 DRL Page5 of 6 Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

1.The Judicial Magistrate No.II, Ulundurpet, Kallakurichi District.

¶2The Station House Officer Inspector of Police, Thirunavalur Police Station

3.The Superintendent, Sub Jail, Ulundurpet.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o22301oofo2026 N.RAMESH,oJ. DRL CRLoOPoNo.o22301oofo2026 18-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Ezhumalai @ Elumalai S/o.Ramamoorthi, No.62, North Street, Kalarkuppam, Palaikollai, Puliyur, Virudhachalam Taluk, Cuddalore District. ..Petitioner(s) Vs The State Rep by The Station House Officer Inspector of Police, Thirunavalur Police Station, Crime No.293/2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.293 of 2026 on the file of the respondent police For Petitioner(s): M/s. R.Raji For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)