Crl.O.P.(MD)No.7216 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7216 of 2026 K.Nithish Kumar ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District. (Crime No.77 of 2026) ...Respondents/Complainant For Petitioner : Mr.S.Prabakaran Advocate. For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 77 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 303(2) of BNS and Section 21(4) of Mines and Minerals (Development and Regulation) Act, in Crime No.77 of 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7216 of 2026 2026, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 07.04.2026 at about 08.15 hours, the defacto complainant namely the Village Administrative Officer, found that the accused persons are involved in illegal quarrying of river sand and illegally transported the river sand. Hence, the case. 3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. The petitioner is neither the driver of vehicle nor the owner. Hence, he prays to grant Anticipatory Bail to the petitioner. 4. The learned Government Advocate (Crl. Side) fairly submits that the offences are grave in nature. The petitioner is involved in theft of valuable minerals from Government land. The petitioner helped the other accused to load the sand. The petitioner has one previous case. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner. 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.7216 of 2026 6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, considering the minerals involved in this case, according to the prosecution, he is only helper to the other accused, he is neither driver nor owner of the vehicle, though the petitioner has one previous case, in that case he was granted bail and also considering all the facts and circumstances of the case, 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, Paramakudi, Ramanathapuram District, and on further conditions that: [b] the petitioner 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 petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.7216 of 2026 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. (P D B J) 10.04.2026 TM To 1.The Judicial Magistrate, Paramakudi, Ramanathapuram District. 2.The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District. (Crime No.77 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.7216 of 2026 P. DHANABAL, J. TM ORDER IN CRL OP(MD) No. 7216 of 2026 Date : 10.04.2026 5/5 https://www.mhc.tn.gov.in/judis