Crl.O.P.(MD)No.7832 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7832 of 2026 1.Surendar 2.Sebastin @ Bend @ Sebastinraj ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Thanjavur Town West Police Station, Thanjavur District. (Crime No.174 of 2026) ...Respondents/Complainant For Petitioners : Mr.S.Veerapandiselvaraj Advocate. For Respondent : Mr.M.Karunanithi, Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 174 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, 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) 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7832 of 2026 of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.174 of 2026, on the file of the respondent Police, seeks anticipatory bail. 2. The case of the prosecution is that on 02.04.2026 the petitioners along with other accused persons are involved in illegal transportation of one unit of river sand. Hence, the case. 3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Co-accused in this case has been released on bail. Hence, he prays to grant Anticipatory Bail to the petitioners. 4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The petitioners are involved in theft of valuable minerals. The first petitioner has 7 previous cases and the second petitioner has 11 previous cases. Hence, he opposed the grant of anticipatory bail to the petitioners. Investigation is still pending. 5. Heard both sides and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7832 of 2026 6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, considering the quantity of minerals involved in this case, already the main accused A1 was arrested and released on bail, these petitioners are implicated on the basis of the confession made by the co-accused, though the petitioners have some previous cases, in all those cases, the petitioners were granted bail, and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur and on further conditions that: [b] the petitioners shall report before the learned respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7832 of 2026 [e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (P D B J) 21.04.2026 TM To 1.The Judicial Magistrate No.I, Thanjavur. 2.The Inspector of Police, Thanjavur Town West Police Station, Thanjavur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7832 of 2026 P. DHANABAL, J. TM ORDER IN CRL OP(MD) No. 7832 of 2026 Date : 21.04.2026 5/5 https://www.mhc.tn.gov.in/judis