Crl.O.P.No.17472 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Crl.O.P.No.17472 of 2026 Moganesh ... Petitioner/A1 Vs. State Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District. ... Respondent (Crime No.353 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.353 of 2025 on the file of the respondent police. For Petitioner : Mr.S. Silambu Selvan For Respondent : Mr.N.Palanivel Government Advocate (Crl. Side) O R D E R The petitioner/A1, who apprehends arrest for the alleged offence under Sections 303(2) and 326 of the Bharatiya Nyaya Sanhita (BNS) Act, (U/s. 379, 430 of IPC) r/w Section 21(1) of Mines and Mineral Act, in Crime No.353 of 2025, on the file of the respondent police seeks anticipatory bail. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17472 of 2026 2. The allegation against the petitioner is that the petitioner along with other accused was involved in illegal transportation of 50 kgs of sand in sack without any valid permit or licence. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner was innocent and he has not committed any such offence as alleged by the defacto complainant and 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 no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner. 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 6. From the submission made by the learned Government Advocate (Crl.Side) the petitioner does not have any previous cases. 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 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17472 of 2026 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 anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Kalasappakkam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 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 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17472 of 2026 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. 08.07.2026 smv To: 1.The Judicial Magistrate, Kalasappakkam 2.The Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District. 3.The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17472 of 2026 C.KUMARAPPAN,J., smv Crl.O.P.No.17472 of 2026 08.07.2026 5/5 https://www.mhc.tn.gov.in/judis