Senthil Kumar Vs The State Rep By, The Inspector of Police

Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on bail in the event of their arrest in Crime No.193 of 2026 on the file of the respondent police.

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

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ORDER

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The petitioner, who apprehends arrest for the alleged offence under Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.193 of 2026, on the file of the respondent police seeks anticipatory bail.

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

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CRL OP No. 16885 of 2026

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The allegation against the petitioner is that the petitioner was involved

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in illegal transportation of one unit of gravel soil without any valid permit or licence by using a lorry bearing registration No.TN 69 AZ 5686 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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5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the responden.t respondent police

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6.6 .From the submission made by the learned Government Advocate (Crl.Side) the petitioner does not have any previous cases. Though, this Court

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

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CRL OP No. 16885 of 2026

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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

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under the adverse notice of the respondent, this Court is 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 Learned Judicial Magistrate Court-II, Attur, Salem District, 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 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;fix th

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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;ir photographs and left thumb

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

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CRL OP No. 16885 of 2026

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learned Magistrate shall obtain a copy of any one of identify

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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.60,000/- (Rupees Sixty 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 II, Attur, Salem District ;

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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;

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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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02-07-2026

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JRS

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

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CRL OP No. 16885 of 2026