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2026 DAILYLAW 44518 (MAD)

Ram v. State Rep.by, The Inspector of Police,

CRL OP/16826/2026 · 2026-07-02

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16826 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16826 of 2026 Ram S/o. Thulukanam, No.71, Velayudha Reddy Street, Vengathur Kandigai, Manavalanagar, Thiruvallur District. ..Petitioner/ Accused-2 Vs State Rep.by, The Inspector of Police, Manavalanagar Police Station, Thiruvallur District. Cr.No.92 of 2026. ..Respondent/ complainant Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with in Cr.No.92 of 2026 on the file of respondent Police. For Petitioner(s): M/S.J.Georgebennet For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner, who apprehends arrest for the alleged offence Sections 303(2) , 326 of BNS, 2023 in Crime No.92 of 2026, on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 16826 of 2026 __________ Page2 of 6 2. The allegation against the petitioner is that the petitioner was involved in illegal transportation of 4 bags of sand in a two wheeler bearing registration No. TVS-XL , TN 20 CA 7158 without any valid permit or licence and he was caught red handed by the respondent police. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the petitioner was found transporting four units of river sand on a two-wheeler and that he has one previous criminal case to his credit. However, she opposes to grant anticipatory bail to the petitioner. 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 submission made by the learned Government Advocate https://www.mhc.tn.gov.in/judis CRL OP No. 16826 of 2026 __________ Page3 of 6 (Crl.Side), though the petitioner has one previous criminal antecedent, it is not for a similar offence. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the facts and circumstances of the case, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate Court No.II, Thiruvallur on condition that the petitioner shall execute 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 learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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 identify proofs to ensure their identity; https://www.mhc.tn.gov.in/judis CRL OP No. 16826 of 2026 __________ Page4 of 6 (c) The petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 02-07-2026 JRS https://www.mhc.tn.gov.in/judis CRL OP No. 16826 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate NO.II, Thiruvallur. 2.The Inspector of Police, Manavalanagar Police Station, Thiruvallur District. Cr.No.92 of 2026. 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 16826 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 16826 of 2026 02-07-2026 https://www.mhc.tn.gov.in/judis