Eswaran Vs State Rep. by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of the arrest in Crime No.115 of 2026 on the file of the respondent police and thus render justice.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 15692 of 2026

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For Petitioner(s): M/S. T.N. Rangesh Kanna For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)

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ORDER

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The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 62 of BNS, 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.115 of 2026, on the file of the respondent Police, seek anticipatory bail.

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The allegation against the petitioners is that they illegally committed theft of granite stones from the quarry leased by the respondent. Hence, the complaint.

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The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the petitioners have no previous cases pending against them.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 15692 of 2026

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Hence, he opposed to grant anticipatory bail to the petitioners.

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I have given anxious consideration to the submissions made by the

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learned counsel on either side.

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6. Considering the nature of the allegations and the fact that the petitioners have no bad antecedents, this Court is of the firm view that custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the

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event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Salem, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only),

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

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(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;

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(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 15692 of 2026

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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 petitioners shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation.

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(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.

22-06-2026

DRL

To

1.The Judicial Magistrate No.I, Salem.

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2.The Inspector of Police Panamarathupatti Police Station, Salem District.