CRL OP No. 17836 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17836 of 2026 1. Ponnudurai No.4-258 A, Subramaniyan Kadu, Thagattur, Vedaranyam Taluk,Nagapattinam District 2. Senthamizhselvan S/o.Somasundaram, No.3/111, Vanduvancheri, Vedaranyam Taluk, Nagapattinam District. ..Petitioner(s) Vs State Represented by The Inspector of Police Voimedu Police Station, Voimedu, Nagapattinam District. Crime no.0134/2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime no.0134 of 2026 on the file of the Inspector of Police, Voimedu Police Station, Nagapattinam District. For Petitioner(s): M/S. R Murugabharathi For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) https://www.mhc.tn.gov.in/judis CRL OP No. 17836 of 2026 __________ Page2 of 6 ORDER The petitioners, who apprehend arrest for the alleged offence under Section 303(2) of BNS, 2023, under section 21(1) of Mines and Mineral Development and Regulation Act 1957, under sections 39, 181(3) of Motor Vehicles Act 1988, in Crime No.134 of 2026, on the file of the respondent police seek anticipatory bail. 2. The allegation against the petitioner is that the petitioners had illegally transported one unit of Norambu soil by one un-registered Plus New Holland 3037 NX Tractor and tipper, 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 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 anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioners. https://www.mhc.tn.gov.in/judis CRL OP No. 17836 of 2026 __________ Page3 of 6 However, he 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. From the submission made by the learned Government Advocate (Criminal Side) it is seen that the petitioners had no bad antecedents. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that petitioner had no previous cases, and 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. 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 District Munsif cum Judicial Magistrate, Vedarranyam, Nagapattinam 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 https://www.mhc.tn.gov.in/judis CRL OP No. 17836 of 2026 __________ Page4 of 6 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/accused is directed to produce a demand draft for a sum of Rs. 85,000/- (Rupees Eighty Five thousand only) in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Nagapattinam District’, (Non refundable) before the learned District Munsif cum Judicial Magistrate, Vedarranyam, Nagapattinam District (d) On production of the above Demand Draft, the learned District Munsif cum Judicial 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 petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks and thereafter as and when required for interrogation; (f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions https://www.mhc.tn.gov.in/judis CRL OP No. 17836 of 2026 __________ Page5 of 6 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]; (g) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 10-07-2026 JRS To 1. The District Munsif cum Judicial Magistrate, Vedaranyam, Nagapattinam district. 2.The Inspector of Police Voimedu Police Station, Voimedu,Nagapattinam District. Crime no.0134/2026. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 17836 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 17836 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis