CRL OP/10127/2026 of Munuswamy.M Vs State, rep. by, The Sub Inspector of Police,

CRL OP No.10127 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.04.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 10127 of 2026 Munuswamy.M ...Petitioner Vs State Rep. by, The Sub Inspector of Police, B2 Thiruvallur Taluk Police Station, Thiruvallur District. (Crime No.108 of 2026) ...Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bhara tiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on bail i n the event of his arrest in connection with Crime No.108 of 2026 on the fil e of the respondent police. For Petitioner: Mr.V.Manimaran 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.108 of 2026, on the file of the respondent police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No.10127 of 2026 __________ Page2 of 6 2. The allegation against the petitioner is that the petitioner was i nvolved in illegal transportation of 18 units of river sand in two tipper l orries without any valid permit or licence and that the petitioner was caught re d handed by the respondent police. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the defacto complainant and that he has been falsely implicated in this case . He further submitted that he is ready to abide by any stringent condition that m ay 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 peti tioner. 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. https://www.mhc.tn.gov.in/judis CRL OP No.10127 of 2026 __________ Page3 of 6 6. From the submission made by the learned Government Advocate (Crl.Side), it is evident that the petitioner does not have any previous cases. Though this Court views the offence of theft of natural resources and its exploitation 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 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-I, Thiruvallur, 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 https://www.mhc.tn.gov.in/judis CRL OP No.10127 of 2026 __________ Page4 of 6 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.4,00,000/- (Rupees Four Lakhs only) to the credit of “Tamilnadu Mediation and Conciliation Centre, High Court, Madras”, 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 for a period of four weeks and thereafter as and when required for the interrogation; (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. 22.04.2026 dpa https://www.mhc.tn.gov.in/judis CRL OP No.10127 of 2026 __________ Page5 of 6 To 1. The learned Judicial Magistrate-I, Thiruvallur. 2. The Sub Inspector of Police, B2 Thiruvallur Taluk Police Station, Thiruvallur District. 3. The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No.10127 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. dpa CRL OP No. 10127 of 2026 22.04.2026 https://www.mhc.tn.gov.in/judis