A.Kathiravan Vs The state rep by Inspector of Police

PRAYER: To grant Anticipatory Bail to the petitioners in the event of their arrest or on surrender before any court in connection with the case in Crime

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No. 128 of 2026 pending investigation 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.12940 of 2026

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For petitioner(s):

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Mr.C.Harish

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For Respondent(s): Mr.A.Gopinath, Govt.Advocate (Crl.Side).

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O R D E R

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The petitioners, who apprehend arrest in the hands of the respondent

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Police, for the alleged offence punishable under Sections 303(2), 326(a) of BNS act r/w Section 21(1) of MMDR Act in Crime No.128 of 2026, on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution is that on 05.05.2026, during patrol, the respondent police found that the petitioners were illegally transporting two units of gravel sand in two tractors without valid permission.

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The learned counsel for the petitioners would contend that the petitioners have been falsely implicated in this case; that sand and vehicles were seized by the respondent police; and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioners.

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Crl.OP.No.12940 of 2026

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The learned Government Advocate (Crl.Side) appearing for the

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respondent police reiterated the case of the prosecution and on instructions, submitted that the soil and vehicles were seized and apart from this case, A1 has got no previous case and A2 has got two previous cases and hence, vehemently opposed to grant anticipatory bail to the petitioners.

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Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

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Considering the rival submissions made by the learned counsel appearing on either side, nature of offence and the quantity of minerals involved in this case and the fact that the respondent police seized the sand and vehicles and though A2 has got two previous cases, they are not similar kind of offences and bail was granted to him, this Court is inclined to grant anticipatory bail to the petitioners on 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 days from the date of receipt of a copy of this order, before the learned Judicial

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Crl.OP.No.12940 of 2026 Magistrate, Sholinghur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) , with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

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[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioners shall report before the respondent police on every Saturday at 10.00 a.m., for a period of four weeks and thereafter, as and when required for interrogation .

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioners shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala

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Crl.OP.No.12940 of 2026

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[(2005)AIR SCW 5560] .

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[f] If the accused thereafter abscond, a fresh FIR can be registered

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under Section 269 B.N.S.

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14-05-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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AY

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Note:

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Registry is directed to forthwith upload this order in the Official Website of this Court.

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All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To

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1.The Inspector of Police, Sholingur P.S. RanipetDistrict.

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2.The Judicial Magistrate Court, Sholinghur.

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3.The Public Prosecutor, High Court of Madras.

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