CRL OP(MD). No.22486 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.12.2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.22486 of 2025 Mahalingam @ Sundaramahalingam .. Petitioner Vs State of Tamilnadu Rep by, The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District. Crime No.346/2023. ... Respondent/Complainant For Petitioner : Jagadeeshwaran R, Advocate. For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PRAYER :- C-33AB. For Anticipatory Bail in Crime No.346 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22486 of 2025 The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and 21(1) of Mines and Minerals (Development & Regulation)Act, 1957, in Crime No.346 of 2023 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner illegally transported 1.75 units of sand. Hence, the complaint. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side) submitted that the petitioner has three previous cases out of which two similar in nature and 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22486 of 2025 the co-accused has already been granted anticipatory bail. Hence, he opposed for grant of anticipatory bail to the petitioner. 5. Considering the facts and circumstances of the case, inspite of the petitioner is having three previous cases, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22486 of 2025 thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall deposit a sum of Rs.15,000/-(Rupees Fifteen thousand only) to the credit of Crime No. 346 of 2023 before the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District. On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner. [c] the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders; [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e]the petitioner shall not abscond either during investigation or trial; 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22486 of 2025 [f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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]; [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 09.12.2025 PJL TO 1. The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District. 2. The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22486 of 2025 S.SRIMATHY,J PJL ORDER IN CRL OP(MD) No.22486 of 2025 Date : 09.12.2025 6/6 https://www.mhc.tn.gov.in/judis