Sakthivel Vs State Of Tamilnadu Rep By Sub Inspector Of Police, Kurisilapet

The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent for the offences punishable under Section 303(2) of BNS, 2023, r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.193 of 2026 on the file of the respondent police, seek anticipatory bail.

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The allegation against the petitioner is that on the date of occurrence, the petitioners involved in illegally transporting two units of M sand without transit pass and subsequently, the vehicle was seized and the case was registered.

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The learned counsel for the petitioners would submit that the petitioners are innocent and no previous cases are pending against the

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

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CRL OP(MD). No.12993 of 2026

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petitioners. He would further submit that they only transported M sand and it is not river sand and they are ready to cooperate with the investigation. Hence, he prays to grant anticipatory bail to the petitioners.

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The learned Counsel for the State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioners have no previous cases and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners.

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Heard both sides and perused the materials available on record.

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Considering the rival submissions on either side and the nature of offences charged against the petitioners and the quantity of the materials involved in this case, and also considering the fact that the petitioners had transported M sand and it is not river sand and they have no previous cases and the materials have been seized hence, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

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[a] Accordingly, the petitioners are ordered to be

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CRL OP(MD). No.12993 of 2026

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released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Keeranur, on condition that the petitioners 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 Judicial Magistrate concerned and on further conditions that:

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[b] the petitioners shall report before the learned Judicial Magistrate Court, Keeranur, on all working days at 10.30 a.m., for a period of fifteen days.

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[c] the petitioners shall not commit any offences of similar nature.

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[d] the petitioners shall not abscond either during investigation or trial.

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[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take

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

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appropriate action against the petitioners in accordance with

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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

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P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[g] If the accused thereafter absconds, a fresh FIR can

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be registered under Section 269 B.N.S.

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(K R S J)

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01.07.2026

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vsg