Abish v. State of Tamilnadu Rep by Inspector of Police, Eraniel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL

1.Abish

2.Kannan

3.Siva Prasath ..Petitioners/A1 to A3 Vs State of Tamil Nadu rep. by The Inspector of Police, Eraniel Police Station Kanyakumari District. (Crime No. 126 of 2026)

...Respondent/Complainant

For Petitioners:Mr.S.Jebastin Advocate. For Respondent :Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.126 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 303(2) of BNS, 2023 and Section 21(1) of MMDR Act, in Crime No. 126 of 2026 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de facto complainant and his team were conducting a routine vehicle check near the place of occurrence. At that time, the petitioners were found to have illegally transported five units of red sand without permission. Hence, the case.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl. Side) fairly submits that the petitioners have no previous cases. However, he opposes to grant anticipatory bail to the petitioners.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioners and nature and quantity of the materials involved in this case, and also considering the fact that no previous cases pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Eraniel, Kanyakumari District, and on further conditions that: [b] the petitioners shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions,

the

learned

Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J)

26.03.2026 vsg

To

1.The Judicial Magistrate Court, Eraniel, Kanyakumari District.

2.The Inspector of Police, Eraniel Police Station Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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