CRL OP(MD). No. 5998 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 5998 of 2026 1.G.Guna 2.M.Jesu ..Petitioners/A1 & A2 Vs State of Tamil Nadu rep. by The Inspector of Police, Anjugramam Police Station Anjugramam, Kanniyakumari District. (Crime No.72 of 2026) ...Respondent/Complainant For Petitioners:Mr.N.Pragalathan 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.72 of 2026 on the file of the respondent police. 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5998 of 2026 ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 303(2) of BNS, 2023, in Crime No.72 of 2026 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 09.03.2025, at about 02.45 p.m., the defacto complainant and his team were conducting a routine vehicle check up near the place of occurrence. At that time, the petitioners were found to have illegally transported three units of gravel sand in lorry bearing Registration No.TN 72 DX 9042 without permission. Hence, the case. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5998 of 2026 3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) fairly submits that investigation is pending and the first petitioner has no previous cases and the second petitioner has seven previous cases, which are similar in nature. However, he opposes to grant anticipatory bail to the petitioners. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions on either side and the nature of offences charged 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5998 of 2026 against the petitioners and quantity of the materials involved in this case, and also considering the fact that no previous cases pending against the first petitioner and thought the second petitioner has seven previous cases, in all case, he was already granted bail, 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 Judicial Magistrate Court No.III, Nagercoil, Kanniyakumari, and on further conditions that: [b] the petitioners shall report before the respondent police once in a week ie., on Every Saturday at 10.30 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5998 of 2026 a.m., for a period of four weeks and 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 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 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5998 of 2026 SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (P D B J) 26.03.2026 vsg To 1.The Judicial Magistrate Court NO.III, Nagercoil, Kanniyakumari District. 2.The Inspector of Police, Anjugramam Police Station Anjugramam, Kanniyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 5998 of 2026 P. DHANABAL, J., vsg ORDER IN CRL OP(MD) No. 5998 of 2026 Date : 26.03.2026 7/7 https://www.mhc.tn.gov.in/judis