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2026 DAILYLAW 59846 (MAD)

Dinesh v. The State Rep by The Sub Inspector of Police

CRL OP/23196/2026 · 2026-08-19

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 23196 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 23196 of 2026 Dinesh S/o.Balusamy, 5/107(A), Pachapalayam Thottam, Thenkani, Sulur, Coimbatore District. ..Petitioner(s) Vs The State Rep by The Sub Inspector of Police Sulur Police Station, Coimbatore District. Crime no.616 of 2026. ..Respondent(s) PRAYER:Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on anticipatory bail in the event of apprehending arrest in Crime No.616 of 2026 on the file of the respondent police. For Petitioner(s): Mr.L.Thangappa For Respondent(s): Mr.R.Rajasekaran, Govt.Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 21(1) of MMDR Act, 1957 and Sections 303(2) of BNS, 2023, in Crime No.616 of 2026, on the file of the respondent Police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 23196 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the petitioner had illegally transported three units of gravel sand without a valid permit or license from the Government in a Tipper Lorry bearing Registration No.TN-76-AF-2499. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. 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 submitted that the petitioner had illegally transported three units of gravel sand in a lorry without any valid permission. Hence, he opposed to 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 (Criminal Side), it is seen that the petitioner has no previous case pending https://www.mhc.tn.gov.in/judis CRL OP No. 23196 of 2026 __________ Page3 of 6 against him. However, considering the gravity of theft and exploitation of natural resources and in the hope that the petitioner will reform his conduct and refrain from indulging in similar activities in future, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to stringent conditions. 7. Accordingly, the petitioner is ordered to be released on anticipatory bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Sulur, and on further conditions that: [a] 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 the identity proofs to ensure their identity; [b] 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 Coimbatore District’, (Non refundable) before the learned Judicial Magistrate Court, Sulur, at the time of executing a bond; (c) 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, https://www.mhc.tn.gov.in/judis CRL OP No. 23196 of 2026 __________ Page4 of 6 dated 16.12.2025; (d) 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; [e] the petitioner shall not abscond either during investigation or trial; [f] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19-08-2026 GV https://www.mhc.tn.gov.in/judis CRL OP No. 23196 of 2026 __________ Page5 of 6 To 1. The learned Judicial Magistrate Court, Sulur 2. The Sub Inspector of Police Sulur Police Station, Coimbatore District. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 23196 of 2026 __________ Page6 of 6 N.RAMESH, J. GV CRL OP No. 23196 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis