CRL OP/9836/2026 of Veerasamy Vs State Rep.by, The Inspector of Police,
CRL OP No.9836 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 9836 of 2026
Veerasamy
S/o.Dhanabal,
No. 4/41, old colony,
Mariyamman Kovil Street,
Thirukovilur,
Devanur,
Viluppuram - 605752.
...Petitioner
Vs
State Rep. by,
The Inspector of Police,
Arakandanallur Police Station,
Villupuram – 605 752.
(Cr.No.19/2026)
...Respondent
Prayer : Criminal Original Petition filed under Section 482 of B .N.S.S., to
enlarge on bail to the petitioner in the event of his arrest in C r.No.19/2026
pending on the file of respondent.
For Petitioner: Mr.Sri Krishna. B.K
For Respondent : Mr.P.Dhileepan
Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offences under
Sections 303(2) and 326(a) of BNS, in Crime No.19 of 2026, on the file of the
respondent police, seeks anticipatory bail.
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CRL OP No.9836 of 2026
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2. The allegation against the petitioner is that the petitioner, al ong with
other accused, was found in illegal possession of 9 units of river sand w ithout
any valid permit or licence. Hence, the case.
3. The learned counsel for the petitioner/A11 submitted that the petitioner
was innocent and that he had been falsely implicated in this ca se. 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 the investi gation.
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 no previous cases have been registered against the pet itioner.
However, he opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl.Side) for the respondent.
6. From the submission made by the learned Government Advocate
(Crl.Side) the petitioner does not have any previous cases. Though this Court
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views the offence of theft of natural resources and its exploitati on as a serious
offence, taking into consideration of the fact that he has no previous case and
upon the fond hope that he would mend himself in the future and would not
come under the adverse notice of the respondent, this Court is inclined t o
enlarge him on anticipatory bail, subject to certain conditions.
7. 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 f rom the date on
which the order copy is made ready, before the learned District Munsif Cum
Judicial Magistrate, Thiruvennainallur, 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 fails 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/accused is directed to produce a
demand draft for a sum of Rs.50,000/- (Rupees Fifty
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thousand only) in favour of the ‘ The Chairman/District
Collector, The District Mineral Foundation Trust of
Villupuram District’, (Non refundable) before the learned
District Munsif Cum Judicial Magistrate, Thiruvennainallur;
(d) On production of the above Demand Draft, the
learned Magistrate is directed to take necessary steps to
hand over the same to the District Collector. Upon receipt of
the said amount, the District Collector shall realise and
utilise the same strictly in accordance with law and in terms
of G.O.Ms.No.84, Natural Resources (MMD.1) Department,
dated 16.12.2025;
(e) The petitioner shall report before the respondent
police daily at 10.30 am for a period of four weeks and
thereafter as and when required for the interrogation;
(f) 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];
(g) If the petitioner thereafter absconds, a fresh FIR can be
registered under Section 269 of BNS Act.
20-04-2026
dk
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CRL OP No.9836 of 2026
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To
1. The District Munsif Cum Judicial Magistrate,
Thiruvennainallur.
2. The Inspector of Police,
Arakandanallur Police Station,
Villupuram - 605752 .
3. The Public Prosecutor
High Court of Madras.
4. The Chairman/District Collector,
The District Mineral Foundation Trust of
Villupuram District
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C.KUMARAPPAN, J.
dk
CRL OP No. 9836 of 2026
20-04-2026
https://www.mhc.tn.gov.in/judis