CRL OP/8362/2026 of Kamal Vs State Rep by Inspector of Police,

Crl.O.P.No.8362 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.04.2026 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Crl.O.P.No.8362 of 2026 Kamal ... Petitioner Vs. State Rep by Inspector of Police, Virinchipuram Police Station, Vellore District. ... Respondent (Crime No.60 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.60 of 2026 on the file of the respondent police. For Petitioner : Mr.K.Prasath For Respondent : Mr.P.Dhileepan Government Advocate (Crl. Side) O R D E R The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) and 326(a) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 in Crime No.60 of 2026, on the file of the respondent police seeks anticipatory bail. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8362 of 2026 2. Th e allegation against the petitioner is that the petitioner was involved in illegal transportation of 3/4 unit of river sand in bullock cart 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 he has not committed any such offence as alleged by the defacto complainant and 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 no previous cases have been registered against the petitioner. 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. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8362 of 2026 6. From the submission made by the learned Government Advocate (Crl.Side) the petitioner does not have any previous cases. Though, this Court views the offence of theft of natural resources and its exploitation as 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 future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate- IV, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 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 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8362 of 2026 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 shall sign before the respondent police twice a day at 10.30 a.m., and 5.30 p.m., for a period of four weeks and thereafter, as and when required for interrogation; (d) 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]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06.04.2026 dpa To: 1.The Judicial Magistrate-IV , Vellore. 2.The Inspector of Police, Virinchipuram Police Station, Vellore District. 3.The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8362 of 2026 C.KUMARAPPAN,J., dpa Crl.O.P.No.8362 of 2026 06.04.2026 5/5 https://www.mhc.tn.gov.in/judis