Crl.O.P.No.19682 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.07.2026 CORAM THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Crl.O.P.No.19682 of 2026 1.Abinath 2.Dhivakar 3.Yuvaraj 4.Thangadurai ... Petitioner/A1 to A4 Vs. State rep. by The Inspector of Police Thirukoilur Police Station, Kallakurichi District. ... Respondent (Crime No.369 of 2026) 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.369 of 2026 on the file of the respondent police. For Petitioner : Mr.R.Raji For Respondent : Mr.N.Palanivel Government Advocate (Crl. Side) O R D E R The petitioners/A1 to A4, who apprehend arrest for the alleged offence under Sections 303(2) of BNS, 2023 read with Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.369 of 2026, on the file of the respondent police seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19682 of 2026 2. The allegation against the petitioners is that the petitioners were involved in illegal transportation of four units of gravel sand in a lorry without any valid permit or license. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners 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 the 1st petitioner has no previous, the 2nd petitioner has one previous case, the 3rd petitioner has three previous cases and the 4th petitioner has eight previous cases. Hence, he opposed to grant anticipatory bail to the petitioners. 5. From the submission made by the learned Government Advocate (Crl.Side), it is seen that the 1st petitioner alone does not have any previous cases, whereas, the 2nd, 3rd, and 4th petitioners have previous cases. Though, this Court views the offence of theft of natural resources and its exploitation as 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19682 of 2026 serious offence, taking into consideration of the fact that the 1st petitioner has no previous case, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge the 1st petitioner on anticipatory bail, subject to certain conditions. Since, the 2nd, 3rd and 4th petitioners have previous cases, this petition stand dismissed against them. 6.Accordingly, the 1st petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned Judicial Magistrate, Thirukoilur, on condition that the 1st petitioner 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 1st 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; (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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19682 of 2026 (c) The 1st petitioner is directed to produce a demand draft for a sum of Rs.90,000/- (Rupees Ninety Thousand only) in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Kallakurichi District’, (Non refundable) before the learned Judicial Magistrate, Thirukoilur; (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 1st petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks and thereafter as and when required for interrogation; (f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the 1st 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]; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19682 of 2026 (g) If the 1st petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 23.07.2026 smv To: 1.The Judicial Magistrate, Thirukoilur. 2.The Inspector of Police Thirukoilur Police Station, Kallakurichi District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19682 of 2026 C.KUMARAPPAN,J., smv Crl.O.P.No.19682 of 2026 23.07.2026 6/6 https://www.mhc.tn.gov.in/judis