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2026 DAILYLAW 60501 (MAD)

Manikandan v. State Rep by its The Inspector of Police

CRL OP/21505/2026 · 2026-08-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 21505 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21505 of 2026 Manikandan ..Petitioner Vs State Rep by its The Inspector of Police, Varanjaram Police Station, Kallakurichi District. [Crime No.152 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.152 of 2026 on the file of the respondent. For Petitioner: Mr.. Camyles Gandhi W For Respondent: Mr.N.Palanivel Government Advocate (Crl.side) ORDER The petitioner apprehends arrest for the alleged offence under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 and under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No. 152 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 21505 of 2026 __________ Page2 of 6 2. The case of the prosecution is that on 16.07.2026, while the respondent police were acting on secret information, they found that the petitioner, who is the owner of the vehicle, was involved in the illegal transportation of 4 units of gravel sand in a tipper lorry without a valid permit. Hence, the case has been registered. 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 (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the petitioner has two (2) previous cases of a similar nature registered in the year 2018 and 2024. Hence, he opposed the grant of anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 21505 of 2026 __________ Page3 of 6 6. Considering the facts and circumstances of the case and the specific quantity of material involved, though the petitioner has two adverse antecedents registered against him, it is observed that those previous cases pertain to the years 2018 and 2024 respectively and this Court firmly views the theft and exploitation of natural resources as a grave offense, upon the fond hope that the petitioner will mend his conduct in the future and refrain from coming under the adverse notice of the respondent police, 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, 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 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 https://www.mhc.tn.gov.in/judis CRL OP No. 21505 of 2026 __________ Page4 of 6 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.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-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; (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 https://www.mhc.tn.gov.in/judis CRL OP No. 21505 of 2026 __________ Page5 of 6 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. 06-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VEDA To 1.The Judicial Magistrate – I, Kallakurichi. 2.The Inspector of Police, Varanjaram Police Station, Kallakurichi District. 3.The Public Prosecutor, High Court, Madras. 4. The Chairman/District Collector, The District Mineral Foundation Trust of Kallakurichi District. https://www.mhc.tn.gov.in/judis CRL OP No. 21505 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. VEDA CRL OP No. 21505 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis