Murali v. The State Rep by the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offence under Sections 303(2), 326(a) BNS 2023, in Crime No.299 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioners is that they, along with the other accused, gathered near the lake with their vehicles and attempted to dig the lake and remove alluvial soil. The petitioners are farmers and had been advised to take alluvial soil from the lake for agricultural purposes. Accordingly, they brought their vehicles and were waiting for orders from the Revenue officials. At that time, the respondent police seized the empty vehicles without any fault on the part of the petitioners. 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 Page4 of 7 respondent police reiterated the prosecution case and, upon instructions, submitted that they have many previous cases to their credit. 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 (Criminal Side) it is seen that the petitioners had no bad antecedents. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that petitioners had many previous cases, and upon the fond hope that they would mend himself 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 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, Vaniyambadi, on condition that the petitioners shall execute a separate 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 Page5 of 7 Magistrate concerned, and on further conditions:.

(a) If the petitioners 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 petitioners shall report before the respondent police daily at 10.30 am and 5.30 pm for a period of two months; thereafter as and when required;

(d) 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];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 13-08-2026 nvi To

1.The Judicial Magistrate, Vaniyambadi.

¶2The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District Page6 of 7

2.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o22602oofo2026 N.RAMESH,oJ. nvi CRLoOPoNo.o22602oofo2026 13-08-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH 1. Murali, S/o.Laksmanan, No.78/168C, Alangayam Cross Street, Perumalpet, Vaniyambadi, Thirupathur District. 2.Shanmugam, S/o.Murugesan, No.1, Chandran Street, Perumalpet, Vaniyambadi, Thirupathur District. 3.Manikandan, S/o.Murugesan, No.100, Chandran Street, Perumalpet, Vaniyambadi, Thirupathur District. 4.Pachaiyappan, S/o.Saman, No.124, Kollakottai, Vaniyambadi, Thirupathur District. 5.Mahalakshmi, S/o.Laksmanan, No.222, Vasantham Nagar, Valayampattu, Vaniyambadi, Thirupathur District. 6.Sakthivel, S/o.Sivakumar, No.3/18, Kurumbar Vattam, Murthiyur, Thirupathur District. Page2 of 7 7.Harikrishnan, S/o.Rajamannan, No.27/C/2, Aayarpadi, Vaniyambadi, Thirupathur District. 8.Sudhakar, S/o.Srinivasan, No.55-b, Gurubalan Vattam, Kalandra, Vaniyambadi Taluk, Thirupathur District. 9.Santhoshkumar, S/o.Mani, No.149, Kuthandavar Street, Valayampattu, Vaniyambadi, Thirupathur District. ...Petitioners/Accused (A1 to A11) Vs State By, Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District ...Respondent / Complainant (Crime No.299 of 2026) PRAYER: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest by the respondent police in Crime No.299 of 2026 on the file of Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District on their appearance before the concerned Court. For Petitioner(s): Mr.Sasikumar S For Respondent(s): Mr.R.Rajasekaran, Government Advocate (Crl.Side) Page3 of 7