CRL OP(MD). No.12699 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.12699 of 2026 Rajesh ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Thenkarai Police Station, Theni District. Cr. No. 214/2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 214 of 2026 on the file of the respondent Police. For Petitioner : Abdul Hameed A, Advocate. For Respondent : Mr.P.Vetrivel, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12699 of 2026 The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 303(3) of BNS, 2023, r/w Section 21(2) of MMDR Act, in Crime No.214 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 19.02.2026, the respondent police found that the petitioner/A1, who is the driver of the vehicle Tipper Lorry bearing Reg.No.TN 41 AX 0410 illegally transported three units of red sand. Hence, the case has been registered. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that already the co-accused was released on anticipatory bail by this Court in Crl.OP(MD)No.6600 of 2026 on 07.04.2026. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and on instructions, would submit that the investigation 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12699 of 2026 is at preliminary stage. He would further submit that the co-accused was already released on anticipatory bail by this Court and the petitioner herein has no bad antecedent. However, he opposes to grant anticipatory bail to the petitioner. 5. I have gone through the FIR and also the connected materials. 6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and, the quantity and nature of minerals involved in this case and the co-accused was already released on anticipatory bail by this Court and the petitioner herein has no bad antecedent, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] 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 made ready, before the learned Judicial Magistrate, Periyakulam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12699 of 2026 Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police, once in a week i.e., every Saturday at 10.30 a.m. for a period of 4 weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12699 of 2026 P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 01.07.2026 dss To 1.The Judicial Magistrate, Periyakulam. 2.The Inspector of Police, Thenkarai Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12699 of 2026 K. RAJASEKAR,J dss ORDER IN CRL OP(MD) No.12699 of 2026 Date : 01/07/2026 6/6 https://www.mhc.tn.gov.in/judis