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2026 DAILYLAW 26575 (MAD)

Krishnakumar v. State rep. by, Inspector of Police,

CRL OP/12782/2026 · 2026-05-14

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 12782 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CRL OP No. 12782 of 2026 1. Krishnakumar S/o.Gunaskara, No, 343, Chetty Street, Palakollai, Cuddalore District. 2. G.Sankar S/o. Ganesan No, 343, Chetty Street, Palakollai, Cuddalore District. ..Petitioner(s) Vs State rep. by, Inspector of Police, Muthandikuppam Police Station, Cuddalore District. Crime No. 35 /2026. ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioners bail in the event of the arrest in connection with the Crime No. 35 of 2026 on the file of respondent police and thus render justice. For Petitioner(s): Mr.T.Balachandran For Respondent(s): Mr.A.Gopinath, Government Advocate (Crl.Side) ORDER The petitioners/A1 and A3, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 21(1) of Mines https://www.mhc.tn.gov.in/judis CRL OP No. 12782 of 2026 __________ Page2 of 6 and Minerals (Development & Regulation) Act, 1957 r/w Section 303(2) of BNS 2023, in connection with the case in Crime No.15 of 2026, seek anticipatory bail. 2. The case of the prosecution is that the petitioners were found to be transportation of 4 units of pebble stones illegally. Hence, the case. 3. The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide any conditions that may be imposed by this court. Hence prayed to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and further submitted that, apart from this case, the 1st petitioner has three previous case and the second petitioner has nine previous cases and the soil and vehicle were seized. However, he vehemently opposed to grant anticipatory bail to the petitioner. 5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 12782 of 2026 __________ Page3 of 6 6. Considering the rival submissions, nature of offences and the nature and quantity of minerals involved in this case, though the petitioners are having previous cases, they are not similar kind of offences and in all cases bail was granted to them, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned District cum Judicial Magistrate-1, Panruti, Cuddalore District on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners shall report before the respondent police every day at 10.00 a.m., for a period of 30 days and thereafter as and when https://www.mhc.tn.gov.in/judis CRL OP No. 12782 of 2026 __________ Page4 of 6 required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 14-05-2026 VV Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 12782 of 2026 __________ Page5 of 6 To 1. The District cum Judicial Magistrate-1, Panruti, Cuddalore District 2 The Inspector of Police, Muthandikuppam Police Station, Cuddalore District. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 12782 of 2026 __________ Page6 of 6 P.DHANABAL, J. VV CRL OP No. 12782 of 2026 14-05-2026 https://www.mhc.tn.gov.in/judis CRL OP No. 12782 of 2026 __________ Page7 of 6 https://www.mhc.tn.gov.in/judis