Poomani @ Thulasi v. State By, Inspector of Police,

ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) and 326 of BNS, 2023 [379 and 430 of IPC] in Crime No.173 of 2026, on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The allegation against the petitioner is that the petitioner was involved in illegal transportation of one unit of river sand in a tipper lorry without any valid permit or licence. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner was innocent and he has not committed any such offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that the petitioner 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 the petitioner has no criminal antecedents. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

¶6Considering the submissions made by the learned counsel on either side, though the petitioner has no criminal antecedents, this Court views the offence of theft of natural resources and its exploitation as a serious offence. Page3 of 5 However, taking into consideration of the fact that though the petitioner has one previous case, the same does not arise out of Mines and Minerals Act, 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 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 made ready, before the learned Judicial Magistrate, Gudiyatham, 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 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. 13-08-2026 nvi To

1.The Judicial Magistrate, Gudiyatham.

2.The Inspector of Police Gudiyatham Taluk Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o22547oofo2026 N.RAMESH,oJ. nvi CRLoOPoNo.o22547oofo2026 13-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Poomani @ Thulasi, S/o.Anbu, No.2/73, Agraharan Village & Post, Gudiyatham Taluk, Vellore District. ...Petitioner/Accused-2 Vs State By, Inspector of Police, Gudiyatham Taluk Police Station, Vellore District. Crime No.173 / 2026. ...Respondent/Complainant 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 arrest by the respondent police in Crime No.173 of 2026 on the file of the respondent police. For Petitioner(s): Mr.Thirumoorthy D For Respondent(s): Mr.R.Rajasekaran, Government Advocate (Crl.Side)