Jothimani Vs State Rep.by, The Sub Inspector of Police

Prayer : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on Anticipatory bail in the event of their arrest by the Respondent Police in Cr.No.374 of 2026 on the file of the Respondent Police.

¶12

For Petitioner(s): M/S. J Pradeep For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)

¶13

ORDER

¶14

The petitioner, who apprehends arrest for the alleged offences under

¶15

Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957

¶16

Page1 of 6

¶17

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

¶18

CRL OP No. 16827 of 2026

¶19

and Section 303 (2) of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime

¶20

No.374 of 2026, on the file of the respondent police seeks anticipatory bail.

¶21

The case of the prosecution is that the petitioner transported 4 units of gravel soil in Tipper lorry bearing registration No. TN 30 X 0402, without any valid permit or licence. It is alleged that the petitioner was caught red-handed by the respondent Police while transporting the Gravel soil illegally. Hence, the case.

¶22

The learned counsel for the petitioner submitted that the petitioner is an innocent person and 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.

¶23

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.

¶24

I have given my anxious consideration to the submissions made by the

¶25

learned counsel on either side and perused the materials available on record.

¶26

Page2 of 6

¶27

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

¶28

CRL OP No. 16827 of 2026

¶29

6.

¶30

From the submission made by the learned Government Advocate

¶31

(Crl.Side) the petitioner does not have any previous cases. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that he has no previous case, 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 inclined to enlarge him on anticipatory bail, subject to certain conditions.

¶32

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 learned Judicial Magistrate court, Omalur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each

¶33

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

¶34

(a) If the petitioner fail 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;

¶35

(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

¶36

Page3 of 6

¶37

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

¶38

CRL OP No. 16827 of 2026

¶39

learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

¶40

(c) The petitioner is directed to produce a demand draft for

¶41

a sum of Rs. 90,000/- (Rupees Ninety Thousand only) in favour of the ‘ The Chairman/District Collector, The District Mineral Foundation Trust of Salem District’, (Non refundable) before the learned Judicial Magistrate Court, Omalur.

¶42

(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;

¶43

(e) The petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks;

¶44

(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 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];

¶45

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

¶46

02-07-2026

¶47

JRS

¶48

__________ Page4 of 6

¶49

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

¶50

CRL OP No. 16827 of 2026