Bakthavachalam Vs The State Rep. by, Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of the arrest in Cr.No.146 of 2026 on the file of the respondent Police.

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For Petitioner(s): Mr.A.Vijayakumar For Respondent(s): Ms.R.S.Indira Government Advocate (Crl.side)

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O R D E R

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The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) and 326(a) of BNS Act, 2023, in Crime No.146 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.O.P.No. 17744 of 2026

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The case of the prosecution is that the petitioner along with other accused have illegally transported three units of Morambu sand by using two tipper lorries and one JCB. Hence, the case.

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The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, opposed to grant anticipatory bail to the petitioner.

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I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

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6 .Though this Court views the offence of theft of natural resources and its exploitation as serious offence, 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.

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

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CRL.O.P.No. 17744 of 2026

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Accordingly, the petitioner is ordered to be released on bail in the event

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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,

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Guidyatham, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with

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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;

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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;

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(c) The petitioner is directed to make a non-refundable deposit of Rs.1,80,000/- [Rupees One Lakh Eighty Thousand Only] directly to the credit of “the Director, Tamil Nadu Mediation and Conciliation Centre, High Court, Madras”, without prejudice to the right of the defence before the Trial Court and the receipt shall be produced at the time of executing the bond;

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

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

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CRL.O.P.No. 17744 of 2026

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(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];

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

09.07.2026

ssb

To

1.The Judicial Magistrate, Gudiyatham, Vellore District.

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2.The Inspector of Police, Paratharami Police Station, Vellore District.