CRL OP No. 16831 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. 16831 of 2026 K.Velu S/o. Kasimani, Mariyamman Koil Street, Azhaguperumalkuppam Village, Panruti Taluk, Tamil Nadu. ..Petitioner\ Accused NO.1 Vs State Rep.by, The Inspector of Police, Thiruvennainallur Police Station, Villupuram District. Cr.No.570 of 2022. ..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 Cr.No.570/2022 pending investigation on the file of the Respondent. For Petitioner(s): Mr. M.Ragavan For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner, who apprehends arrest for the alleged offence Sections 379, 430 of IPC in Crime No. 570 of 2022, on the file of the respondent police https://www.mhc.tn.gov.in/judis CRL OP No. 16831 of 2026 __________ Page2 of 6 seeks anticipatory bail. 2. It is the case of the prosecution that when the respondent and his team were on their routine patrol duty, they found that the petitoners wer idulged in illegal transportation of half unit of river sand by using Ashok Leyland Dost bearing registration No. TN 23 BB 8557 without any valid permit. Hence, the case. 3. The learned counsel for the petitioner submits that the petitioner was innocent and that he has been falsely implicated in this case. The learned counsel further submits that this Court had granted anticipatory bail to the petitioner by order dated 23.12.2025. However, the petitioner was not in a position to furnish the required sureties within the stipulated time and, therefore, could not avail the benefit of the said order. 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. Accordingly, 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, submits that this is the second anticipatory bail application filed by the petitioner. The earlier anticipatory bail application was allowed. However, the petitioner could https://www.mhc.tn.gov.in/judis CRL OP No. 16831 of 2026 __________ Page3 of 6 not avail the benefit of the order, as he was unable to comply with the conditions imposed therein. 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. Though this is the second anticipatory bail application, the earlier application was allowed and the petitioner could not avail the benefit of the order solely on account of his inability to furnish the sureties. Further, the allegation against the petitioner is that he transported half a unit of river sand in the above-mentioned vehicle. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that he has no previous 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-II, Ulunthurpettai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties https://www.mhc.tn.gov.in/judis CRL OP No. 16831 of 2026 __________ Page4 of 6 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; (c) The petitioner is directed to produce a demand draft for a sum of Rs. 60,000/- (Rupees Sixty Thousand only) in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Villurpuram District’, (Non refundable) before the learned Judicial Magistrate -II, Ulunthurpettai. (d) 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; (e) The petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks; (f) 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 https://www.mhc.tn.gov.in/judis CRL OP No. 16831 of 2026 __________ Page5 of 6 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]; (g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 02-07-2026 JRS To 1.The Judicial Magistrate-II, Ulunthurpettai. 2.The Inspector of Police, Thiruvennainallur Police Station, Villupuram District. Cr.No.570 of 2022. 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 16831 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 16831 of 2026 02-07-2026 https://www.mhc.tn.gov.in/judis