M.Karunakaran v. The State of Tamilnadu Rep by the Inspector of Police, Peraiyur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/04/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL

¶1M.Karunakaran

¶2G. Marimuthu ... Petitioners/Accused No.3&4 Vs The State of Tamilnadu Rep By, The Inspector of Police, Peraiyur Police Station, Ramanathapuram District. (Crime No.56 of 2026). ... Respondent/Complainant PRAYER :-For Anticipatory Bail in Crime No.56 of 2026 on the file of the respondent Police. For Petitioners : T. Veerakumar, Advocate. For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :-

The petitioners, 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 Mines and Minerals (Development & Regulation) Act, in Crime No.56 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 18.04.2026, the petitioners and the other accused illegally transported 10 ½ units of river sand. Hence, the complaint.

¶3The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that the co-accused (A1 & A2) were arrested and released on bail. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl. Side) would submit that the petitioners and the other accused illegally transported 10 ½ units of river sand and the investigation is still pending and the first petitioner has 3 previous case and the second petitioner has 4 previous cases. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that the co-accused were arrested and released on bail.

¶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 already the co-accused were arrested and released on bail and though the petitioners has some previous cases, all the cases are not a similar kind of offences and in those cases, they were granted bail and anticipatory bail and entire materials were already seized, 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) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Kamuthi, and on further conditions that: [b] the petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of 30 days, and thereafter as and when required for the 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)

29.04.2026 dss

To

1.The Judicial Magistrate Court, Kamuthi.

2.The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.8178oofo2026 ooooooooooooooooooooooooooooooooP.oDHANABAL,J oooooooooooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.8178oofo2026 ooooooooooooooooooooooooooooooDateoo:o29/04/2026