CRL OP No. 20319 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20319 of 2026 K.Sankar ..Petitioner(s) Vs The State rep by Inspector of police Edaikkal Police Station, Kallakurichi District. Cr.No.0135 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the Petitioner /Accused -1 on Anticipatory bail in the event of his arrest or surrender in Crime No. 0135 of 2026 on the file of the Respondent Police and thus render justice. For Petitioner(s): M/S. B. Abdul Samath For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offence under Sections 303(2) of BNS, 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No. 135 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 20319 of 2026 __________ Page2 of 6 2. The case of the prosecution is that on 16.07.2026, while the defacto complainant were on routine patrol duty, they intercepted a JCB bearing registration No.TN 69 AH 3719 and tipper lorry bearing registration No.TN 23 AJ 9212 and found that the petitioner along with other accused involved in illegal transportation of two units of lake sand without any valid permit. Hence the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He also submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner along with other accused involved in illegal transportation of two units of lake sand without any valid permit in a tipper lorry. Hence, he opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances and the quantity involved; though this Court https://www.mhc.tn.gov.in/judis CRL OP No. 20319 of 2026 __________ Page3 of 6 views the offence of theft of natural resources and its exploitation as serious offence 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 grant anticipatory bail to the petitioner, subject to certain conditions. 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-I, Ulunthurpet on condition that the 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 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; (c) The petitioner/accused is directed to produce a demand draft for a sum of Rs.1,20,000/- (Rupees one lakh Twenty thousand only) in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Kallakurichi District’, (Non refundable) before the https://www.mhc.tn.gov.in/judis CRL OP No. 20319 of 2026 __________ Page4 of 6 learned Judicial Magistrate-I, Ulunthurpet. (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; (d) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. (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 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. 29-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NR https://www.mhc.tn.gov.in/judis CRL OP No. 20319 of 2026 __________ Page5 of 6 To: 1. Judicial Magistrate-I, Ulunthurpet 2. The Inspector of police Edaikkal Police Station, Kallakurichi District. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 20319 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. NR CRL OP No. 20319 of 2026 29-07-2026 https://www.mhc.tn.gov.in/judis