CRL OP No. 21633 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. 21633 of 2026 1. Palanisamy 2. R.Valarmathi ..Petitioners Vs The State Rep by The Inspector of Police, D3 Sooramangalam Police Station, Salem City Police. [Crime No.374 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of arrest by the Respondent Police connected with Crime No.374 of 2026 on the file of the Respondent Police. For Petitioners: Mr.Ritesh.R For Respondent: Mr.N.Palanivel Government Advocate (Crl.Side) ORDER The petitioners, who apprehend arrest for the alleged offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 21(1) of the Mines and Minerals (Development and Regulation Act, 1957) in Crime No.374 of 2026, on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 21633 of 2026 __________ Page2 of 6 2. The case of the prosecution is that the 1st petitioner (driver) and the 2nd petitioner (owner) were involved in illegal transportation of three units of stones without any valid permit or licence in a tipper lorry bearing registration No. TN 33 AR 2224 and were caught red handed by the respondent police. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners were 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 submitted that there are no criminal antecedents against the petitioners. However, he opposed to grant anticipatory bail to the petitioners. 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. 21633 of 2026 __________ Page3 of 6 6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances and the quantity involved; though this Court views the offence of theft of natural resources and its exploitation as serious offence 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 anticipatory bail to the petitioners, 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 No.II, Salem, Salem District on condition that the petitioners shall execute a separate 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 petitioners 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 https://www.mhc.tn.gov.in/judis CRL OP No. 21633 of 2026 __________ Page4 of 6 learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The 2nd petitioner 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 Salem District’, (Non refundable) before the learned Judicial Magistrate No.II, Salem, Salem District; (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 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]; https://www.mhc.tn.gov.in/judis CRL OP No. 21633 of 2026 __________ Page5 of 6 (g) If the petitioners 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 Inspector of Police, D3 Sooramangalam Police Station, Salem City Police. 2.The Judicial Magistrate No.II, Salem, Salem District. 3.The Chairman/District Collector, The District Mineral Foundation Trust of Salem District. 4.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 21633 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. VEDA CRL OP No. 21633 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis