Kamalesh v. The State Rep By, The Inspector of Police
CRL OP/14857/2026 · 2026-06-12
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 33479 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33479 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 14857 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 14857 of 2026
1. Kamalesh S/o.Ammasai, 7/704, Varapatti, Sulthanpettai, Sulur Taluk, Coimbatore District.
2. Lakshmikanthan s/o.Subramani, 4/153, Panamarathupatty, T.Kallavi, Krishnagiri - 635 304 ..Petitioner(s) Vs The State represented by: The Inspector of Police Kamanaickenpalayam Police Station, Tiruppur District. [Crime No.115 of 2026] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in crime No.115 of 2026 on the file of the respondent police, pending investigation. For Petitioner(s): M/S. N.Ponraj For Respondent(s): Mr. S. Yogaraja Sekar, Government Advocate (Criminal side)
ORDER The petitioner, who apprehends arrest for the alleged offence 303(2) of BNS read with Section 21(1) of Mines & Minerals (Development & https://www.mhc.tn.gov.in/judis
CRL OP No. 14857 of 2026 __________ Page2 of 6 Regulation) Act, 1957 in Crime No.115 of 2026, on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that upon secret information regarding the illegal transportation of sand at Palladam Taluk, Tiruppur district, when the respondent police conducted a vehicle inspection, they intercepted two Tipper Lorries bearing Registration Nos.TN37 EV 4312 and TN69-AB-0096 at Kamanaickenpalayam to Kethanur Road, Palladam Taluk and on enquiry, it came to light that the petitioners are Lorry drivers and they had involved in illegal transportation of 3 units of gravel sand without any valid permit or licence and that the petitioners were caught red handed by the respondent police. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and that they have been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and opposed to grant bail to the petitioner. However, he stated that the petitioners do not have any previous cases. https://www.mhc.tn.gov.in/judis
CRL OP No. 14857 of 2026 __________ Page3 of 6
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side and perused the materials available on record. 6. From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the petitioners do not have any previous cases. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that they have no previous cases, and upon the fond hope that the petitioners would mend themselves in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions:
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties each, for a like sum to the satisfaction of the Judicial Magistrate, Palladam and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; https://www.mhc.tn.gov.in/judis
CRL OP No. 14857 of 2026 __________ Page4 of 6 [b] The petitioners/accused are each directed to produce a demand draft for a sum of Rs.1,60,000/- (Rupees One lakh Sixty thousand only) in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Tiruppur District’, (Non refundable) before the learned Judicial Magistrate Palladam; (c) On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector.
Upon receipt of the said amount, the District Collector shall realise and utilise the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025; (d) the petitioners shall appear and sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter as and when required for interrogation; [e] the petitioners shall not abscond either during investigation or trial; [f] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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 https://www.mhc.tn.gov.in/judis
CRL OP No. 14857 of 2026 __________ Page5 of 6 P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]: [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12-06-2026 MJS 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. To
1. The Judicial Magistrate, Palladam. 2. The Forest Range Officer, Kamanaickenpalayam Police Station, Tiruppur District. 3. The Superintendent of Police, Central Prison, Coimbatore. 4. The Public Prosecutor, High Court of Madras. 5. The Chairman/District Collector, The District Mineral Foundation Trust of Tiruppur District. https://www.mhc.tn.gov.in/judis
CRL OP No. 14857 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. MJS CRL OP No. 14857 of 2026 12-06-2026 https://www.mhc.tn.gov.in/judis