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2026 DAILYLAW 52053 (MAD)

R.M.Namasivayam v. The State Rep. by Inspector of Police,

CRL OP/18175/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18175 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18175 of 2026 R.M.Namasivayam S/o.Muruganandam, No.18/C, Gandhi Kanvai, Ramalai Village and Post, Vellore District. ..Petitioner(s) Vs The State Rep. by The Inspector of Police, Paratharami Police Station, Vellore District. Crime No.146 of 2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the Petitioners on Anticipatory Bail in the event of his arrest in Crime No.146 of 2026 pending investigation the respondent police and thereby render justice. For Petitioner(s): M/s.A.Vijayakumar For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) https://www.mhc.tn.gov.in/judis CRL OP No. 18175 of 2026 __________ Page2 of 6 ORDER The petitioner apprehends arrest for the alleged offences under Sections 303(2) and 326(a) of BNS in Crime No.146 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that the petitioner had illegally transported one unit to Morambu san by lorry without valid permission from the authorities concerned. 3. The learned counsel for the petitioner submitted that the petitioner is innocent, a false case has been foisted against him, and he has not committed any offence as alleged by the prosecution. He further submitted that in a connected case, namely Crl.O.P.No.17744 of 2026, vide order dated 09.07.2026, the co-accused—who is the owner of the vehicle was directed to deposit a sum of ₹1,80,000/- to the credit of 'The Director, Tamil Nadu Mediation and Conciliation Centre, High Court, Madras. Hence, he prayed for granting anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 18175 of 2026 __________ Page3 of 6 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. 6. Although this Court views the theft and exploitation of natural resources as a serious offence, it is inclined to grant the petitioner anticipatory bail, subject to certain conditions, in the fond hope that he will reform in the future and not come to the adverse notice of the respondent. Furthermore, in view of the order dated 09.07.2026 passed in Crl.O.P.No.17744 of 2026, no monetary deposit is ordered to be paid by this petitioner. 7. Accordingly, the petitioner is ordered to be released on 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 is made ready, before the learned Judicial Magistrate, Gudiyatham, Vellore District 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 learned Magistrate within a period of fifteen (15) days from the https://www.mhc.tn.gov.in/judis CRL OP No. 18175 of 2026 __________ Page4 of 6 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 slip (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 am for a period of two weeks and thereafter as and when required; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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. 13-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MFA https://www.mhc.tn.gov.in/judis CRL OP No. 18175 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate, Gudiyatham, Vellore District. 2. The Inspector of Police, Paratharami Police Station, Vellore District. 3. The Public Prosecutor, High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 18175 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. MFA CRL OP No. 18175 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis