CRL OP/10424/2026 of Karigalan Vs State Rep. by The Inspector of Police,
CRL.OP.No.10424 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL.OP No.10424 of 2026
1.Karigalan
2.Sivachandheran ...Petitioners
Vs.
State Rep.by,
The Inspector of Police,
Melpatti Police Station,
Vellore District.
(Crime No.4 of 2026) ...Respondent
Prayer: Criminal Original Petition filed under Section 482 of the Bharati ya
Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on antic ipatory
bail in the event of their arrest pending investigation in Crime No.4 of 2026 on
the file of the respondent.
For Petitioner(s): Mr.T.Muruganantham
For Respondent(s): Mr.P.Dhileepan,
Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under
Sections 303(2), 326(a) of BNS Act, (379, 430 of IPC), in Crime No.4 of
2026, on the file of the respondent police seek anticipatory bail.
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CRL.OP.No.10424 of 2026
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2. The allegation against the petitioners is that they were involve d in the
illegal transportation of five bags of sand, each bag containing 20 kgs, on a two
wheeler. Hence, the case.
3. The learned counsel for the petitioners submitted that the petit ioners
are an innocent persons and they have been falsely implicated in t his case. He
further submitted that the petitioners are ready to abide by any stringent
conditions that may be imposed by this Court. Hence, he prays to grant
anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police, reiterated the prosecution case and opposed for grant of
anticipatory bail to the petitioners.
5. I have considered the submissions made by the learned counsel on
either side and perused the materials available on record.
6. Taking into consideration of totality of the circumstances and smal l
quantity of the soil involved, this Court is inclined to enlarge them on
anticipatory bail, subject to certain conditions:
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7. Accordingly, the petitioners are ordered to be released on bail in the
event of arrest or on their appearance, within a period of fiftee n days from the
date on which the order copy is made ready, before the learned Judicial
Magistrate, Gudiyatham, on condition that the petitioners shall execute a
bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with
two sureties each for a like sum to the satisfaction of the learned Magistrat e
concerned, and on further conditions:
(a) If the petitioners 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 petitioners shall report before the respondent
police daily at 10.30 a.m., for a period of six weeks; and
thereafter as and when required;
(d) On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take appropriate
actions against the petitioners in accordance with law as if the
conditions have been imposed and the petitioners 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];
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(e) If the petitioners thereafter absconds, a fresh FIR can be
registered under Section 269 of BNS Act.
27.04.2026
dna
To
1.The Judicial Magistrate, Gudiyatham.
2. The Public Prosecutor,
High Court, Madras.
3.The Inspector of Police,
Melpatti Police Station,
Vellore District.
(Crime No.4 of 2026)
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CRL.OP.No.10424 of 2026
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C.KUMARAPPAN, J.
dna
CRL.OP.No.10424 of 2026
27.04.2026
https://www.mhc.tn.gov.in/judis