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2026 DAILYLAW 52272 (MAD)

Thiyagarajan v. The State rep by, The Inspector of Police,

CRL OP/18133/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18133 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. 18133 of 2026 Thiyagarajan S/o.Periyathambi, No.1/24b, Thinaiyakudi, Manalmedu Taluk, Pudukottai District. ..Petitioner(s) Vs The State rep by, The Inspector of Police, Maruvathur Police Station, Perambalur District. Crime No.118 of 2025 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.118 of 2025 pending investigation on the file of respondent Police and thus render justice. For Petitioner(s): M/s.R.Thirumoorthy For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) https://www.mhc.tn.gov.in/judis CRL OP No. 18133 of 2026 __________ Page2 of 6 ORDER The petitioner apprehends arrest for the alleged offences under Sections 303(2) of BNS, 21(1) of Mines and Minerals (Development & Regulation) Act 1957, 9(B)(1)(b) of the Indian Explosives Act 1884 and 5 of Explosive Substances Act, 1908 in Crime No.118 of 2025 on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that the petitioner was found in illegal possession excavating stones and explosives in tractor without obtaining permission from the authorities concerned. Hence the complaint. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and fairly submitted that the petitioner has no criminal antecedents. However, he opposed to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 18133 of 2026 __________ Page3 of 6 5. At this juncture, the learned counsel for the petitioner voluntarily submitted that he undertakes to pay a sum of Rs.1,00,000/- as non-refudnable deposit to any of the welfare scheme without prejudice to his defence. 6. I have given my anxious consideration to either side submissions. 7. Considering the totality of the circumstances and the fact that the petitioner has no criminal antecedents, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 8. 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 No.II, Perambalur 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: https://www.mhc.tn.gov.in/judis CRL OP No. 18133 of 2026 __________ Page4 of 6 (a) The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) (non refundable) to the credit of “The Dean, Government Medical College Hospital, Ariyalur, without prejudice to the right of the defence and the receipt shall be produced before the trial court at the time of executing a bond. (b)If the petitioner 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; (c) 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; (d) 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; (e) 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]; https://www.mhc.tn.gov.in/judis CRL OP No. 18133 of 2026 __________ Page5 of 6 (f) 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 To 1. The Judicial Magistrate No.II, Perambalur. 2. The Inspector of Police, Maruvathur Police Station, Perambalur District. 3. The Public Prosecutor, High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 18133 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. MFA CRL OP No. 18133 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis