Shaik Khadar Bhasha Vs The State Represented by The Inspector of Police

Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioners on bail in the event of his arrest by the respondent Police concerned in Crime No.536 of 2025 on the file of the Inspector of Police, Redhils Police Station, Chennai District.

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For Petitioner : Mr.R.Parthiban For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side)

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ORDER

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The petitioner, who apprehends arrest for the alleged offence under

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Section 303(2) of BNS (Section 379 of IPC) and r/w Section 21(1) of Mines

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& Minerals (Development & Regulation) Act, 1957 in Crime No.536 of

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2025, on the file of the respondent police seeks anticipatory bail.

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CRL OP No. 10602 of 2026

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The allegation against the petitioner is that the petitioner along with co-

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accused were involved in illegal transportation of 10 units of river sand without any valid permit or licence by using a Torus lorry and that the petitioner was caught red handed by the respondent police. Hence, the case.

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The learned counsel for the petitioner submitted that the petitioner was innocent and that 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.

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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.

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I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

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From the submission made by the learned Government Advocate (Criminal Side) it is seen that the petitioner had no bad antecedents. Though, this Court views the offence of theft of natural resources and its exploitation as

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CRL OP No. 10602 of 2026

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serious offence, taking into consideration of the fact that petitioner had no previous cases, 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

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inclined to enlarge him on anticipatory bail, subject to certain conditions.

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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 from the date on which the order copy is made ready, before the Judicial Magistrate Court No.II, Ponneri, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties

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each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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(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;

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(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;

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(c) The petitioner/accused is directed to produce a demand draft for a sum of Rs.2,50,000/- (Rupees Two lakhs Fifty thousand only) in favour of the ‘ The Chairman/District Collector, The District Mineral Foundation Trust of Tiruvallur

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CRL OP No. 10602 of 2026

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District’, (Non refundable) before the Judicial Magistrate Court No.II, Ponneri;

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(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;

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(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 interrogation;

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(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];

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( g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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27.04.2026

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kv

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CRL OP No. 10602 of 2026