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2026 DAILYLAW 8596 (MAD)

Sakthivel v. The State rep.by,

CRL OP/11667/2026 · 2026-05-07

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

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CRL OP No. 11667 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-05-2026 CORAM THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI CRL OP No. 11667 of 2026 1. Sakthivel S/o.Chinnasami, No.2/143, Kallurankottai, Genguchettipatti, Matlampatti Post, Palacode, Baisuhalli, Dharmapuri District. 2. Prakash S/o.Murugan, No.2/170, Murugankottai, Genguchettipatti, Matlampatti Post, Palacode,Baisuhalli, Dharmapuri District. ..Petitioner(s) Vs The State rep.by, Inspector of Police, Karimangalam Police Station, Dharmapuri District. Cr.No.143/2026. ..Respondent(s) PRAYER: This Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of arrest a case in Cr.No.143 of 2026 on the file of the respondent. For Petitioner(s): Mr.Deepak Kumar C For Respondent(s): Mr.A.Gopinath Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis CRL OP No. 11667 of 2026 __________ Page2 of 5 ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS 2023 and 21(1), 21(4) of MMDR Act, in Crime No.143 of 2026, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioners were allegedly found transporting one unit of gravel sand in a tractor, without valid permission. Hence, a case has been registered against the petitioners. 3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this court. Hence, he prays to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instructions submitted that the petitioners have no previous cases pending against him. However, he opposed to grant anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis CRL OP No. 11667 of 2026 __________ Page3 of 5 5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Karimangalam, within a period of fifteen days from the date on which the order made ready and on further conditions that: [a]the petitioners shall deposit a sum of Rs.3,000/-(Rupees Three Thousand only), non-refundable, to the account of CANCER INSTITUTE (WIA), maintained with Andhra Bank, Madhya Kailash Branch, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Code 1497 and MICR No.600011049 and the receipt of such payment shall be produced before the concerned Magistrate at the time of execution of the bond for the purpose of ensuring their identity; b) the petitioners 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. [c]the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. [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. https://www.mhc.tn.gov.in/judis CRL OP No. 11667 of 2026 __________ Page4 of 5 [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 are 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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 07-05-2026 DRL To 1.The District Munsif cum Judicial Magistrate, Karimangalam. 2.The Inspector of Poilce, Karimangalam Police Station, Dharmapuri District. Cr.No.143/2026. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 11667 of 2026 __________ Page5 of 5 L.VICTORIA GOWRI, J. DRL CRL OP No. 11667 of 2026 07-05-2026 https://www.mhc.tn.gov.in/judis