JOTHIMANI v. The State of Tamil Nadu Rep by The Inspector of Police,
CRL OP(MD)/16929/2026 · 2026-08-11
K Murali Shankar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 62222 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 62222 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP(MD). No.16929 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.08.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.16929 of 2026 Jothimani ... Petitioner/ Accused No.2
Vs State represented by The Inspector of Police, Rajathani Police Station, Theni District. (Crime No.0307 of 2026) ... Respondent/ Complainant For Petitioner : Mr.M.Prabu, Advocate For Respondent : Mr.J.Vishnu, Government Advocate (Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S.
PRAYER :- For Anticipatory Bail in Crime No.0307 of 2026 on the file of the Respondent police. 1/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16929 of 2026
ORDER : The Court made the following order :- The petitioner / second accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) BNS and Section 21(iv) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.0307 of 2026, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 04.08.2026, the first accused has illegally transported 1 unit of gravel sand excavated from the private patta land in the tractor owned by the petitioner. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. However, he would further submit that the petitioner, without prejudice to his right, is ready to deposit the amount that may be imposed by this Court. 2/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16929 of 2026
4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the accused has transported 1 unit of gravel sand illegally. He would further submit that the petitioner is not having any previous cases.
5. Considering the nature of the charges levelled against the petitioner and also the fact that the petitioner is not having any previous cases, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Mineral Foundation Trust, Theni District, without prejudice to his rights and
contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate, Andipatti, Theni District.
7. On production of such receipt / 3/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16929 of 2026 acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Andipatti, Theni District, 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 that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; 4/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16929 of 2026 [d]the petitioner shall not abscond either during investigation or trial; [e]On breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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)AIR SCW 5560]; [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023.
(K M S J) 11.08.2026 CSM TO
1. The Judicial Magistrate, Andipatti, Theni District.
2. The Inspector of Police, Rajathani Police Station, Theni District.
3. The District Mineral Foundation Trust, Theni District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16929 of 2026 Madurai. 6/7 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.16929 of 2026
K.MURALI SHANKAR,J CSM
ORDER IN CRL OP(MD). No.16929 of 2026 Date : 11.08.2026 7/7 https://www.mhc.tn.gov.in/judis