Crl.O.P.(MD)No.6959 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6959 of 2026 1.Kumar 2.Solai ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District. (Crime No.27 of 2026) ...Respondents/Complainant For Petitioners : Mr.B.Senthil Nathan 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. 27 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 Sections 303(2) of BNS and Section 21(4) of 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6959 of 2026 Mines and Minerals (Development and Regulation) Act, in Crime No.27 of 2026, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that 25.03.2026 at 04.00 p.m.,the defacto complainant, who is the Village Administrative Officer, found that the petitioners along with other accused persons were in illegal possession of 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. The first petitioner is the owner of the bricks chamber. 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 one previous case. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners. 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.6959 of 2026 6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, considering the minerals involved in this case, though the first petitioner has one previous case, in that case he was granted bail, even according to the prosecution, the petitioners are only in possession of the sand and not transported the same and second petitioner has no previous case 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, Thiruppathur, and on further conditions that: [b] the petitioners shall report before the respondent police, at 10.30 a.m., on every Saturday, for a period of four weeks, thereafter, as and when required for interrogation; [c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6959 of 2026 or trial. [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) 09.04.2026 TM To 1.The Judicial Magistrate, Thiruppathur. 2.The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District. (Crime No.27 of 2026) 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.6959 of 2026 P. DHANABAL, J. TM ORDER IN CRL OP(MD) No. 6959 of 2026 Date : 09.04.2026 5/5 https://www.mhc.tn.gov.in/judis