CRL OP No. 17221 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.07.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17221 of 2026 1. Kumar 2. Parthiban ..Petitioner(s) Vs The State of Tamil Nadu, Rep. by The Inspector of Police Kedar Police Station, Villupuram District. Crime No.87 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.87 of 2026 pending investigation on the file of the respondent. For Petitioner(s): Mr.S.Lekshmana Abish For Respondent(s): Mr.N.Palanivel Government Advocate (Criminal side) ORDER The petitioners, who apprehend arrest for the alleged offence under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 r/w. Section 21(1) of Mines and Minerals Act, 1957 in Crime No.87 of 2026, on the file of the respondent police, seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17221 of 2026 __________ Page2 of 6 2. The allegation against the petitioners is that the petitioners have illegally transported three units of sand in a tipper lorry. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioners. 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 Court views the offence of theft of natural resources and its exploitation as serious offence, upon the fond hope that they would mend themselves in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge them on anticipatory bail, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 17221 of 2026 __________ Page3 of 6 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 on which the order copy is made ready, before the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners 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 petitioners are directed to make a non- refundable deposit of Rs.40,000/- [Rupees Forty Thousand Only] each totaling Rs.80,000/- [Rupees Eighty Thousand only] directly to the credit of “the Director, Tamil Nadu Mediation and Conciliation Centre, High Court, Madras”, without prejudice to the right of the defence before the Trial Court and the receipt shall be produced at the time of executing the bond; https://www.mhc.tn.gov.in/judis CRL OP No. 17221 of 2026 __________ Page4 of 6 (d) The petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required; (e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; (f) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 06.07.2026 ssb https://www.mhc.tn.gov.in/judis CRL OP No. 17221 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate No.II, Nagercoil, Kanyakumari District. 2.The Inspector of Police Kedar Police Station, Villupuram District. 3.The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17221 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. ssb CRL OP No. 17221 of 2026 06.07.2026 https://www.mhc.tn.gov.in/judis