Veerappan v. State of Tamilnadu Rep by Inspector of Police, Thogamalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR

1.Veerappan

2.Sakthivel

3.Santhosh ... Petitioner / A2 to A4

Versus The State of Tamil Nadu, Rep by the Inspector of Police, Thogamalai Police Station, Karur District. (Crime No.304 of 2026) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners on bail in the event of arrest in Crime No.304 of 2026 on the file of the respondent police, or on their appearance. For Petitioners : Mr.V.Karuna

For Respondent : Mr.J.Vishnu Government Advocate (Criminal Side) ORDER : The Court made the following order :- The petitioners, who apprehend arrest in connection with Crime No.304 of 2026 on the file of the respondent police, registered for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, seek the relief of anticipatory bail.

¶2The case of the prosecution is that on 16.07.2026, the respondent police found the petitioners in possession of gravel sand, which had allegedly been quarried from his own patta land without obtaining the requisite permission from the competent authority. Hence, the respondent police registered the present case against the petitioner.

¶3The learned counsel appearing for the petitioners submitted that a false case has been foisted against the petitioners. He further submitted that there are no previous cases against the petitioners. He also submitted that the petitioners are ready and willing to cooperate with the investigation and abide by any condition that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail.

¶4Per contra, the learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the alleged properties have already been seized. He further submitted that there are no previous criminal antecedents against the petitioners. However, he contended that, if the petitioners are granted anticipatory bail, they may indulge in similar offences in future. Therefore, he opposed the grant of anticipatory bail.

¶5This Court has carefully considered the rival submissions and perused the materials available on record.

¶6Considering the nature of the allegations, the fact that the alleged properties have already been seized, the fact that the petitioners have no previous criminal antecedents, and also considering the fact that the sand is alleged to have been quarried from one of the petitioner's own land, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions.

¶7Accordingly, 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, Kulithalai, Karur District, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:

(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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 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]; and

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

27.07.2026 pal To

1.The Judicial Magistrate, Kulithalai, Karur District.

2.The Inspector of Police, Thogamalai Police Station, Karur District.

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