Johnson v. The State of Tamilnadu Rep. by the Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.08.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1.Johnson

2.Sunil ... Petitioners/ Accused 1 & 2

Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Kadayalumoodu Police Station, Kanyakumari District. (Crime No.53 of 2026) ... Respondent/ Complainant For Petitioners : Mr.S.Ramakrishna Dass, Advocate For Respondent : Mr.J.Vishnu, Government Advocate (Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.53 of 2026 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners / accused 1 & 2, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) BNS r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.53 of 2026, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on

09.07.2026, the petitioners along with the other accused without obtaining any valid permission from the Government had illegally excavated 1 unit of red sand from the patta land using a JCB and loaded the same into a tipper lorry. Hence, the complaint.

¶3The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. However, he would further submit that the petitioners, without prejudice to their right, are ready to deposit the amount that may be imposed by this Court.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioners have excavated 1 unit of red sand illegally. He would further submit that the petitioners are not having any previous cases.

¶5Considering the nature of the charges levelled against the petitioners and also the fact that the petitioners are not having any previous cases, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶6Accordingly, the petitioners shall deposit a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) each to the credit of the District Mineral Foundation Trust, Kanyakumari District, without prejudice to their rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate No.I, Kuzhithurai.

¶7On production of such receipt / acknowledgment, 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kuzhithurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned 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 Aadhaar 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 one month and thereafter, as and when required for interrogation; [c]the petitioners shall not tamper with the 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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]; [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023.

(K M S J)

11.08.2026 CSM TO

¶1The Judicial Magistrate No.I, Kuzhithurai.

¶2The Sub Inspector of Police, Kadayalumoodu Police Station, Kanyakumari District.

¶3The District Mineral Foundation Trust, Kanyakumari District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLeOP(MD).eNo.17029eofe2026 eeeeeeeeeeeeeeeeeeeeeeee K.MURALIeSHANKAR,J eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeCSMe eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeORDER eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeIN eeeeeeeeeeeeeeeeeeeeeeCRLeOP(MD).eNo.17029eofe2026 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeDateee:e11.08.2026