Yesudas Vs State rep by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on the Bail in the event of his arrest by the respondent police concerned in Crime No.158/2026 on the file of the respondent police.

¶12

For Petitioner(s): Mr. R.Parthiban For Respondent(s): Mr.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE )

¶13

ORDER

¶14

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 305(2), 326(a) of BNS and r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.158 of 2026, on the file of the respondent Police, seeks anticipatory bail.

¶15

Page1 of 5

¶16

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

¶17

CRL OP No. 13550 of 2026

¶18

The allegation against the petitioner is that the petitioner illegally transported four units of sand by using tipper lorry. Hence, the case.

¶19

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

¶20

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous case has been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

¶21

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

¶22

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

¶23

Page2 of 5

¶24

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

¶25

CRL OP No. 13550 of 2026

¶26

serious offence, taking into consideration of the fact that he has no previous case, and upon the fond hope that he would mend themselves in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶27

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court No.II, Tirupattur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

¶28

(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;

¶29

(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;

¶30

(c) The petitioner shall deposit a sum of Rs.90,000/(Rupees Ninety Thousand only) as non-refundable deposit to

¶31

Page3 of 5

¶32

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

¶33

CRL OP No. 13550 of 2026

¶34

the credit of the concerned District Mineral Foundation Trust and produce the receipt at the time of executing the bon d ;

¶35

(d) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm. for a period of six weeks and thereafter as and when required;

¶36

(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];

¶37

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

02-06-2026

DRL

To