Sudhakar Vs The State Rep. by the Inspector of Police

PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on bail in event of his arrest in Crime No.34 of 2026 pending investigation on the file of Respondent Police.

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For Petitioner(s): Mr.D.Dalayan

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For Respondent(s): Ms.J.R.Archana, GA (Crl.Side)

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ORDER

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 326(a), 303(2) of the BNSS 2023 and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957 in connection with the Cr. No.34 of 2026, seeks anticipatory bail.

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

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CRL OP No.4164 of 2026

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The prosecutions case is that the petitioner was attempted to illegally quarring of 80 units of gravel sand from the private land, belongs to the one Jagannathan by using a JCB, without any valid permit. Hence, the case.

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Learned counsel for the petitioner submitted that the petitioner has

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not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that the co-accused ( A3) has been granted anticipatory bail by this Court, hence, he prayed for grant of anticipatory bail to the petitioner.

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Learned Government Advocate (Criminal Side) appearing of the respondent reiterated the prosecution’s case and upon instruction submitted that the petitioner is not having previous bad antecedents. However, she opposed to grant anticipatory bail to the petitioner.

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Considering the facts and circumstance of the case, the co-accused (A3) has been granted anticipatory bail by this Court and that the petitioner has

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no bad antecedents, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

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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

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

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CRL OP No.4164 of 2026

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the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Arakkonam o n 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 condition that:

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[a] the petitioner shall report before the respondent police daily at 10.30 am., for a period three weeks and thereafter as and when required for interrogation.

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[b] the petitioner shall not, directly or indirectly, make any

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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[c] the petitioner shall not abscond either during investigation or trial.

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[d] 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 [(2005)AIR SCW 5560].

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

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CRL OP No.4164 of 2026

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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.2023.

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19.02.2026

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jai