CRL OP No. 21801 of 2026 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21801 of 2026 K.Suresh S/o. Kalimuthu, Residing at 3/148, West Street, Kilkuppam, Kallakurichi District. ..Petitioner(s) Vs The State Rep. by, The Inspector of Police Chinna Salem Police Station, Kallakurichi District. Crime No.03 of 2026. ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge me on bail in the event of the Petitioners arrest in Cr.No.03 of 2026 on the file of Respondent Police and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Mr.Babu Varadharajan For Respondent(s): Mr.N.Palanivel, Government Advocate (Crl.Side) ******* https://www.mhc.tn.gov.in/judis CRL OP No. 21801 of 2026 __________ Page2 of 7 ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) of BNS and 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.03 of 2026, on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioners is that the petitioner was involved in illegal transportation of 3 units of gravel sand without any valid permit or licence by using a lorry and that the petitioner was caught red handed by the respondent police. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and that he has been falsely implicated in this case. He further submitted that he is 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 petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the petitioner has got 2 previous cases. Hence, he opposed to https://www.mhc.tn.gov.in/judis CRL OP No. 21801 of 2026 __________ Page3 of 7 grant anticipatory bail to the petitioner. 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 (Crl.Side), though the petitioner has got two previous cases, they are not similar in nature. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of 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 days from the date on which the order copy is made ready, before the Learned Judicial Magistrate-I, Kallakurichi, 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 https://www.mhc.tn.gov.in/judis CRL OP No. 21801 of 2026 __________ Page4 of 7 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.80,000/- (Rupees Eighty 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-I, Kallakurichi; (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; https://www.mhc.tn.gov.in/judis CRL OP No. 21801 of 2026 __________ Page5 of 7 (e) The 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 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]; (g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 8.This Criminal Original Petition is ordered accordingly. 07-08-2026 KMI 1.The Judicial Magistrate-I, Kallakurichi 2.The Inspector of Police, Chinnasalem Police Station, Kallakurichi District. 3. The Chairman/District Collector, The District Mineral Foundation Trust, Kallakurichi District. 4.The Public Prosecutor Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 21801 of 2026 __________ Page6 of 7 C.KUMARAPPAN, J. KMI CRL OP No. 21801 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis CRL OP No. 21801 of 2026 __________ Page7 of 7 https://www.mhc.tn.gov.in/judis