Sathish Vs The State Represented by The Inspector of Police

PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.255 of 2025 on the file of respondent Police.

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For Petitioner : Mr.R.Parthiban

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For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side)

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O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of BNS (corresponding Sections 379, 430 of IPC) r/w Section 21(1) of Mines and

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

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Crl.O.P.No.7125 of 2026 Minerals (Development and Regulation) Act, 1957, in Crime No.255 of 2025,

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on the file of the respondent Police, seeks anticipatory bail.

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The allegation against the petitioner is that on 15.10.2925, the petitioner was found transporting 5 bags of river sand without valid permission. Hence, the case has been registered.

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The learned counsel appearing 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 conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous case pending against the petitioner and the property has been recovered. However, he opposed to grant anticipatory bail to the petitioner.

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From the submissions made by the learned Government Advocate (Crl. Side), it is seen that the petitioner does not have any previous cases. This Court views the offence of theft of natural resources and its exploitation as a serious offence. However, taking into consideration the fact that the petitioner has no previous case, and upon the fond hope that he would mend 2/4

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

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Crl.O.P.No.7125 of 2026 himself in future and would not come under the adverse notice of the

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respondent, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain 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 the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Kattumannarkoil, on condition that the petitioner shall

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execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only),

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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;

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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 shall report before the respondent police daily at 10.30 a.m., for a period of three weeks, and thereafter, as and when required for interrogation;

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

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Crl.O.P.No.7125 of 2026

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C.KUMARAPPAN, J.

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

18.03.2026

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