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2026 DAILYLAW 61441 (MAD)

Ramu v. The State of Tamilnadu Rep.by its, The Inspector of Police,

CRL OP/20545/2026 · 2026-08-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 20545 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20545 of 2026 Ramu ..Petitioner Vs The State of TamilNadu Rep.by its, The Inspector of Police, Kandachipuram Police Station, Villupuram District. [Cr.No.0148 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event on his arrest by the respondent police in Cr.No.148 of 2026 on the file of the Respondent Police. For Petitioner: Mr. N.Desinghu For Respondent: Mr.N.Palanivel Government Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 303(2) and 326(a) of BNS Act r/w 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.148 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 20545 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the petitioner, a driver, was involved in the illegal transportation of one unit of sand in a lorry (Registration No. TN40W2630) in excess of the permissible limit prescribed by the Government. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the co-accused was already granted anticipatory bail by this Court on 23.07.2026 in Crl.OP.No.19595 of 2026. Hence, on the ground of parity, he prays 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 there are no adverse antecedents against the petitioner. However, he opposed the grant of 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. Taking into consideration the submissions made by the learned Government Advocate (Criminal Side) that there are no adverse antecedents https://www.mhc.tn.gov.in/judis CRL OP No. 20545 of 2026 __________ Page3 of 5 against the petitioner, the fact that the co-accused has already been enlarged on anticipatory bail, and that the sand was allegedly taken solely for the betterment of the village, this Court is of the firm view that custodial interrogation of the petitioner is not required at this stage. Consequently, 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 anticipatory 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-II, Villupuram, Villupuram District on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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; https://www.mhc.tn.gov.in/judis CRL OP No. 20545 of 2026 __________ Page4 of 5 (c) The petitioner shall report before the respondent Police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation; (d) 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. 06-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VEDA To 1.The Judicial Magistrate -II, Villupuram, Villupuram District. 2.The Inspector of Police, Kandachipuram Police Station, Villupuram District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 20545 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. VEDA CRL OP No. 20545 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis