CRL OP No. 19296 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19296 of 2026 1. Karuppasamy 2. Perumal ..Petitioner(s) Vs The State Rep by The Inspector of Police V5 Thirumangalam Police Station, Chennai. Crime NO.358/2026 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioners/Accused herein anticipatory bail in the event of arrest in Crime No. 358 of 2026 on the file of the Respondent/Complainant i.e. on the file of The Inspector of Police, V-5, Thirumangalam Police Station, Chennai. For Petitioner(s): M/S. S. Kartik For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioners, who apprehend arrest for the alleged offence Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 which is equivalent to that of Section 379 of IPC, in Crime No.358 of 2026, on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 19296 of 2026 __________ Page2 of 6 2. The allegation against the petitioners is that they were involved in the illegal transportation of two units of M-Sand in a tipper lorry bearing registration number TN 22 EE 1492 without any valid permit or license, and that they were caught red-handed by the respondent police. Hence, this case has been filed against them. 3. The learned counsel for the petitioners submitted that the petitioners were 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. 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 https://www.mhc.tn.gov.in/judis CRL OP No. 19296 of 2026 __________ Page3 of 6 (Crl.Side) the petitioners do 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 they have 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 XIII Metropolitan Magistrate Court, Egmore, Chennai on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 fail 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; (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 are directed to produce a demand https://www.mhc.tn.gov.in/judis CRL OP No. 19296 of 2026 __________ Page4 of 6 draft for a sum of Rs.70,000/- (Rupees Seventy Thousand only) in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Chennai’, (Non refundable) before the learned XIII Metropolitan Magistrate Court, Egmore, Chennai; (d) On production of the above Demand Draft, the learned 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; (f) 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]; (g) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 21-07-2026 GBI https://www.mhc.tn.gov.in/judis CRL OP No. 19296 of 2026 __________ Page5 of 6 To 1. The XIII Metropolitan Magistrate Court, Egmore, Chennai. 2.The Inspector of Police V5 Thirumangalam Police Station, Chennai. 3. The Public Prosecutor, High Court, Madras. 4. The Chairman/District Collector, The District Mineral Foundation Trust of Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 19296 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. GBI CRL OP No. 19296 of 2026 21-07-2026 https://www.mhc.tn.gov.in/judis