Mohamed Maraikayar v. State of Tamilnadu Rep by the Inspector of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 15215 of 2026 Mohamed Maraikayar ... Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District. (Crime No.230 of 2026)

...Respondent/Complainant

For Petitioner : Mr.S.Deenadhayalan

Advocate.

For Respondent : Mr.J.Vishnu Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No. 230 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 303(2) of BNS and Section 21(1) of MMDR Act, in Crime No.230 of 2026, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner herein is illegally taken the savudu sand and silk sand from Kallikulam Water body and involved in illegal quarrying and transportation and hence, the vehicle was intercepted and the property was recovered. Hence, the case.

¶3The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is in no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. The petitioner is the owner of the vehicle and have the licence to take the sand from Kallikulam tank. While the last load was taken, he was intercepted by the police. At that time no document was produced. Later he produced the copy of the license granted to him. He has no previous cases. The petitioner is ready to co-operate with the investigation. Hence, she prays to grant Anticipatory Bail to the petitioner.

¶4The learned counsel appearing for the State reiterated the prosecution case and reported that though the petitioner has permit to take the sand, it was transported after the prescribed time limit. The petitioner has no previous case. Investigation in this case is still pending. He opposed grant of anticipatory bail to the petitioner.

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

¶6Considering the rival submissions on either side, the nature of offences charged against the petitioner, there is no previous case against the petitioner, earlier the petitioner was in possession of license and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Peravoorani, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks, thereafter, as and when required for interrogation; [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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

(K R S J)

23.07.2026 TM To

¶1The District Munsif cum Judicial Magistrate, Peravoorani, Thanjavur District

2.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.(Crime No.230 of 2026)

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

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 15215 of 2026 Date : 23.07.2026