Crl.O.P.No.18656 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.18656 of 2026 1.Sakthivel 2.Pachai @ Pachaigownder ... Petitioners Vs. The State Rep. by The Inspector of Police, Kanai Police Station, Villupuram District. Crime No.188 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.188 of 2025 pending on the file of the respondent police. For Petitioners : Mr.M.Kalaiyarasan For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) O R D E R The petitioners were apprehend arrest for the alleged offence under Sections 303(2) of BNS r/w 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.188 of 2025 on the file of the respondent police seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18656 of 2026 2. The allegation against the petitioners is that the petitioners were involved in the illegal transportation of 1/4 unit of river sand without any valid permit or licence by using three bullock carts and 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 have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police and opposed the anticipatory bail application on the ground that the second petitioner has ten previous cases. 5. Taking into consideration of the totality of the circumstances, this Court views the offence of theft of natural resources and its exploitation as serious offence 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. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18656 of 2026 6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Villupuram, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of three weeks; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18656 of 2026 (d) 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]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 16.07.2026 cda 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18656 of 2026 To 1.The Judicial Magistrate-I, Villupuram. 2.The Inspector of Police, Kanai Police Station, Villupuram District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18656 of 2026 C.KUMARAPPAN.J. cda Crl.OP.No.18656 of 2026 16.07.2026 6/6 https://www.mhc.tn.gov.in/judis