Kalaiselvi Vs State Represented by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of her arrest in Crime No.147 of 2026 pending investigation on the file the respondent police and pass such other orders deems fit and proper for the circumstances of the case and thus render justice.

¶12

For Petitioner(s): Mr.N.Arun Kumar For Respondent(s): Mr.P.Dhileepan Government Advocate (Crl.Side)

¶13

ORDER

¶14

The petitioner, who apprehends arrest at the hands of the respondent

¶15

police for the offences punishable under Section 21(1) of Mines and Minerals

¶16

Page1 of 6

¶17

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

¶18

CRL OP No. 8316 of 2026

¶19

(Development & Regulations) Act r/w 303(2), 318(4) and 337 of BNS, 2023 in Crime No.147 of 2026, on the file of the respondent Police, seeks anticipatory bail.

¶20

The case of the prosecution is that the petitioner along with other accused was illegally quarried six units of gravel sand by using a lorry bearing Registration No.TN-42-AM-8502. Hence, the complaint.

¶21

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is the owner of the lorry and that he is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

¶22

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous case has been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

¶23

5. Heard the learned counsel for the petitioner and the learned

¶24

Page2 of 6

¶25

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

¶26

CRL OP No. 8316 of 2026

¶27

Government Advocate (Crl.Side) for the respondent.

¶28

6. From the submission made by the learned Government Advocate

¶29

(Crl.Side) it is seen that the petitioner has no bad antecedents. 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 themselves 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.

¶30

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

¶31

Court – IV, Tiruppur, on 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 conditions:

¶32

(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;

¶33

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form

¶34

Page3 of 6

¶35

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

¶36

CRL OP No. 8316 of 2026

¶37

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;

¶38

(c) The petitioner shall deposit a sum of Rs.2,00,000/(Rupees Two Lakhs only) as a non-refundable amount, to the Tamilnadu State Legal Services Authority, High Court of Madras and produce the receipt at the time of executing the bond;

¶39

(d) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm. for a period of six weeks and thereafter as and when required;

¶40

(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];

¶41

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

¶42

02-04-2026

¶43

DRL

¶44

__________ Page4 of 6

¶45

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

¶46

CRL OP No. 8316 of 2026