Prabakaran v. State of Tamilnadu Rep by Inspector of Police, Nainarkoil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

¶1Prabakaran, S/o. Sekar, No.1/92, Thuranthiyenthal, Madhalur, Ramanathapuram District..

¶2Sekar, No.1/92,Thuranthiyenthal, Mudhalur, Ramanathapuram District. ... Petitioners/A1 and A2 Vs State of Tamilnadu Rep by, The Inspector of Police, Nainarkoil Police Station, Ramanathapuram District. (Crime No. 96 of 2026). ... Respondent/Complainant For Petitioner : Mr.D.Senthil, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-C-33AB. For Anticipatory Bail in Crime No.96 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent for the offences punishable under Section 303(2) of BNS, 2023, and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.96 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant/VAO lodged a complaint before the respondent Police stating that on 26.05.2026, they found that the petitioners and other accused persons illegally transported 2 and half units of sand by using lorry without any valid 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 counsel for State of TN (Crl. Side) appearing for the respondent Police would submit that the petitioners and other accused persons had illegally transported sand without any permission. He would further submit that the first petitioner has two previous cases and the second petitioner has three previous cases. Hence, 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 the quantity of the materials involved in this case, and also considering the fact that though the petitioners have some previous cases, the same are not similar kind of offences and in all cases, there were released on bail and the materials have been seized and the material part of the investigation might have been completed and hence, 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 bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Paramakudi, on condition that the petitioners shall 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 learned Judicial Magistrate concerned 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 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)

05.06.2026 VSG TO

1.The learned Judicial Magistrate, Paramakudi.

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

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.10253eofe2026 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeP.eDHANABAL,J., eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeevsge eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeORDER eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeIN eeeeeeeeeeeeeeeeeeeeeeCRLeOP(MD)eNo.10253eofe2026 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeDateee:e05/06/2026