CRL OP/9136/2026 of Nandhakumar Vs The State rep by its

CRL OP No. 9136 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.04.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 9136 of 2026 Nandhakumar, S/o.Babu ..Petitioner Vs The State rep. By its The Inspector of Police, Peerkankaranai Police Station, Chengalpattu District. (Cr.No.518/2025) ..Respondent Prayer: Criminal Original Petitions filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 t o enlarge the Petitioner on bail in the event of his arrest in the above crime No.518 of 2025 on the file of Inspector of Police, Peerkankaranai Police Station, Chengalpattu District. For Petitioner : Mr.D.Magesh For Respondent(s): Mr.P.Dhileepan, Government Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303 of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 and Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.518 of 2025 , on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 9136 of 2026 __________ Page2 of 4 2. The allegation against the petitioner is that the petitioner was found in possession of 3 unit of gravel sand in a tipper lorry without any valid permit or licence and that the petitioner was caught red handed by the respondent police. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that though the petitioner has one previous case, the same is not similar in nature. However, he opposed to grant anticipatory bail to the petitioner. 5. Considering the totality circumstances of the case and on the fact that though the petitioner has one previous case, the same is not similar in nature, hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 9136 of 2026 __________ Page3 of 4 6.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 is made ready, before the Learned Judicial Magistrate Court No.I, Tambaram, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fail s to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner is directed to make a non-refundable deposit of Rs. 1,30,000/- [Rupees One Lakh thirty Thousand only] directly to the credit of “Tamilnadu State Legal Services Authority, High Court Campus, Chennai”, without prejudice to the right of the defence before the Trial Court and the receipt shall be produced at the time of executing the bond; (d) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm for a period of two months; https://www.mhc.tn.gov.in/judis CRL OP No. 9136 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. mp (e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 10.04.2026 mp To 1. The Judicial Magistrate Court No.I, Tambaram 2. The Public Prosecutor, High Court, Madras. 3. The Inspector of Police, Peerkankaranai Police Station, Chengalpattu District. CRL OP No. 9136 of 2026 https://www.mhc.tn.gov.in/judis