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2026 DAILYLAW 22674 (MAD)

Soman, v. State Of Tamilnadu Rep By Inspector Of Police, Anjugramam

CRL OP(MD)/6350/2026 · 2026-04-01

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.6350 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/04/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.6350 of 2026 Soman ... Petitioner/Accused Rank Not Known Vs State of Tamilnadu Rep by, The Inspector of Police, Anjugramam Police Station, Anjugramam, Kanyakumari District. Crime No. 57 of 2026. ... Respondent/Defacto Complainant PRAYER :- For Anticipatory Bail in Crime No. 57 of 2026 on the file of the respondent Police. For Petitioner : S.Palanivelayutham, A dvocate. For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6350 of 2026 respondent for the offences punishable under Sections 303(2) of BNS, in Crime No.57 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 21.02.2026, at about 12.00 a.m, when the respondent police were on patrol duty, they intercepted the vehicle bearing Reg.No.TN-72-DW-4520 and found it was loaded with 3 units of red sand without proper trip sheet. Hence, the respondent police seized the vehicle with sand and registered a case against the accused for the aforesaid offences. Hence, this petition. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the petitioner is the owner of the vehicle. Without his knowledge, the accused has committed the alleged offence. Apart from that, no previous cases is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) strongly opposed to grant anticipatory bail to the petitioner on the ground that though the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6350 of 2026 petitioner is owner of the vehicle, only at his instance, the alleged occurrence was happened. However, he fairly conceded that the petitioner has no previous case. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions on either side and the nature of offences, and the quantity involved in this case and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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.III, Nagercoil, Kanyakumari District, and on further conditions that: [b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6350 of 2026 [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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. 01.04.2026 dss 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6350 of 2026 To 1.The Judicial Magistrate No.III, Nagercoil, Kanyakumari District. 2.The Inspector of Police, Anjugramam Police Station, Anjugramam, Kanyakumari 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.6350 of 2026 P. DHANABAL,J dss ORDER IN CRL OP(MD) No.6350 of 2026 Date : 01/04/2026 6/6 https://www.mhc.tn.gov.in/judis