CRL OP No. 21902 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21902 of 2026 1. Venkatesan S/o.Gopal, No.14, Pillaiyar Kovil Street, Perunkadaputhur Village, Vandavasi Taluk, Tiruvannamalai District. 2. Manikandan S/o.Paranthaman, No.108, Desur Madam Road, Perunkadaputhur Village, Vandavasi Taluk, Tiruvannamalai District. ..Petitioner(s) Vs The State Rep. by The Inspector of Police Desur Police Station, Tiruvannamalai District. Crime No.84/2026 ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioners on bail in the event of arrest in Crime No.84 of 2026 on the file of the respondent Police station and thus render justice. For Petitioner(s): M/S.E.Sathiyaraj For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side) ***** https://www.mhc.tn.gov.in/judis CRL OP No. 21902 of 2026 __________ Page2 of 6 ORDER The petitioners, who apprehend arrest for the alleged offence under Section 303(2) of BNS Act, and Section 21(5) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.84 of 2026, on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioners is that the petitioners were involved in illegal transportation of 3 units of river sand without any valid permit or licence by using a lorry and that the petitioners were caught red handed by the respondent police. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are 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 the petitioners have got one previous case against the them. https://www.mhc.tn.gov.in/judis CRL OP No. 21902 of 2026 __________ Page3 of 6 Hence, 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 (Crl.Side), though the petitioners have got one previous case, it is not of a similar nature. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the facts and circumstances of the case, 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 grant them 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 Judicial Magistrate, Vandavasi, on condition that each of the petitioner shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand https://www.mhc.tn.gov.in/judis CRL OP No. 21902 of 2026 __________ Page4 of 6 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) Each petitioner/accused is directed to produce a demand draft for a sum of Rs.35,000/- (Rupees Thirty Five thousand only) [totaling to a sum of Rs.70,000/-] in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Tiruvannamalai District’, (Non refundable) before the learned Judicial Magistrate, Vandavasi; (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. 21902 of 2026 __________ Page5 of 6 (e) The petitioners 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 To 1.The Judicial Magistrate Vandavasi. 2.The Inspector of Police, Desur Police Station, Tiruvannamalai District. 3. The Chairman/District Collector, The District Mineral Foundation Trust, Tiruvannamalai District. 4.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 21902 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. KMI CRL OP No. 21902 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis