CRL OP/8382/2026 of K. Prabhu, Vs The State Rep By, The Inspector of Police
CRL.OP.No.8382 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL.OP No.8382 of 2026
K.Prabhu ...Petitioner/A2
Vs
State by:
The Inspector of Police,
Panamadangi Police Station,
Vellore District.
(Crime No.50 of 2025) ...Respondent
Prayer: Criminal Original Petition filed under Section 482 of the Bharati ya
Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail i n the
event of his arrest in connection with Crime No.50 of 2025, on the fil e of the
respondent police.
For Petitioner(s): Mr.Sriram
For Respondent(s): Mr.P.Dhileepan,
Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under
Sections 303(2), 326(a) of BNS and 21 of Mines and Minerals (Development
& Regulation) Act, 1957, in Crime No.50 of 2025, on the file of the
respondent police seeks anticipatory bail.
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CRL.OP.No.8382 of 2026
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2. The allegation against the petitioner is that he was involved in the
illegal transportation of 2 units of M-sand using a Mini lorry. Hence, the case
has been registered.
3. The learned counsel for the petitioner submitted that the petitioner is an
innocent person and he has been falsely implicated in this case. H e further
submitted that the petitioner is ready to abide by any stringent c onditions that
may be imposed by this Court. 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 case has been registered against the petitioner.
However, he opposed to grant anticipatory bail to the petitioner.
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side and perused the materials available on record.
6. From the submission made by the learned Government Advocate
(Criminal Side) it is seen that the petitioner had no bad antece dents. Though,
this Court views the offence of theft of natural resources and its exploitation as
serious offence, taking into consideration of the fact that petitione r had no
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previous cases, and upon the fond hope that he would mend himself in futur e
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 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 Judicial Magistrate,
Katpadi, 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
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.50,000/- [Rupees Fifty 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
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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; thereafter as and when required;
(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.
06.04.2026
(1/2)
dna
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To
1.The Judicial Magistrate, Katpadi.
2. The Public Prosecutor,
High Court, Madras.
3.The Inspector of Police,
Panamadangi Police Station,
Vellore District.
(Crime No.50 of 2025)
4.The Tamilnadu State Legal Services Authority,
High Court Campus, Chennai.
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C.KUMARAPPAN, J.
dna
CRL.OP.No.8382 of 2026
(1/2)
06.04.2026
https://www.mhc.tn.gov.in/judis