Manivannan v. The State Rep by the Inspector of Police

ORDER The petitioner, apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Sections 303(2) of Bharatiya Nyaya Sanhita, (BNS) 2023, and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.235 of 2026 on the file of the respondent Police, has approached this Court seeking anticipatory bail. Page2 of 5

¶2The allegation against the petitioner is that, while the respondent police were on routine patrol duty, they found the petitioner illegally transporting sand in a JCB vehicle. Upon seeing the police, the petitioner fled from the spot. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent, has been falsely implicated in this case and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and, on instructions, submitted that the petitioner is the sole accused in this case. He submitted that the petitioner excavated sand to level an area in Vaitheeswaran Kovil for a temple festival, without obtaining valid permission or a transit pass. He further submitted that the petitioner has no previous cases pending against him; however, he opposed the grant of anticipatory bail to the petitioner.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available. Page3 of 5

¶6From the submission made by the learned Government Advocate (Crl.Side) and the learned counsel for the petitioner, though, this Court views the offence of theft of natural resources and its exploitation as serious offence, 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 them on anticipatory bail, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on 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 Court, Sirkazhi, 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;

(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 is 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. 19-08-2026 KLT To

1.The Judicial Magistrate Court, Sirkazhi.

2.The Inspector of Police, Vaitheeshwaran Koil Police Station, Mayiladuthurai.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o22897oofo2026 N.RAMESH,oJ. KLT CRLoOPoNo.o22897oofo2026 19-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Manivannan S/o.Ganesan, Pillayar Koil Street, Aalaveli Post, Sirkazhi Taluk, Mayiladuthurai District. ..Petitioner(s) Vs The State Rep by The Inspector of Police Vaitheeshwaran Koil Police Station, Mayiladuthurai District. Crime No.235 of 2026. ..Respondent(s) Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, to enlarge the petitioner on bail in the event of his arrest by the respondent Police concerned in Crime No.235 of 2026 on the file of the Respondent Police. For Petitioner(s): Mr. M. Vinoth For Respondent(s): Mr. R. Rajasekaran, Government Advocate (Crl.side)