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2026 DAILYLAW 62854 (MAD)

Pathinettam Padi v. The State of Tamilnadu

CRL OP(MD)/16928/2026 · 2026-08-11

K Murali Shankar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.16928 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR CRL OP(MD). No.16928 of 2026 1. Pathinettam Padi, S/o.Sakkana Thevar, Colony Street,Mela Patti, Malapatty, Aundipatti Taluk, Theni District.. 2. Manikandan, S/o.Annakodi, Muthuramalingam, 4th Street, Karuvela Nayakkan Patti, Theni District.. ... Petitioners/A1 and A2 Vs The State of Tamilnadu Rep By, The Inspector of Police, Gandamanur Vilakku Police Station, Theni District. Cr.No.274 of 2026.. ... Respondent/Complainant For Petitioner : Mr.Sharma S, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16928 of 2026 PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B.For Bail in Cr.No.274 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 29.07.2026 for the offences punishable under Section 303(2) of BNS, 2023, and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.274 of 2026, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners have illegally transported 2 units of gravel sand in a tipper lorry bearing Registration No.TN 57 K 9786, without any valid permission. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. However, he would further submit that the petitioners, without prejudice to their rights, is ready to deposit the amount that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16928 of 2026 4.The learned Counsel for State of TN (Crl. Side) appearing for the respondent police would submit that the petitioners have transported 2 units of gravel sand illegally. The petitioner is not having any bad antecedents. However, he opposed to grant bail to the petitioner. 5.Considering the above and also the nature of the charges levelled against the petitioners and that the petitioner is not having any bad antecedents, this Court is inclined to grant bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Andipatti, and on further condition that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16928 of 2026 their Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall pay a sum of Rs.1,000/- (Rupees one Thousand only) each to the credit of the District Mineral Foundation Trust, Theni District, without prejudice to their rights and contentions before the trial Court. The petitioners shall execute the sureties on showing the receipt of the said amount; [c]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of thirty (30) days and thereafter as and when required for interrogation; [d]the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e]the petitioners shall not abscond either during investigation or trial; [f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16928 of 2026 [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J) 11.08.2026 vsg TO 1.The learned Judicial Magistrate, Andipatti. 2.The Superintendent, District Jail, Theni. 3.The Inspector of Police, Gandamanur Vilakku Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.16928 of 2026 K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.16928 of 2026 Date : 11/08/2026 6/6 https://www.mhc.tn.gov.in/judis