Manivel v. The State Rep by the Inspector of Police

ORDER The petitioners, who apprehend arrest for the alleged offence under Section 303(2) of BNS, 2023 read with 21(1) of Mines and Minerals (Development & Regulatino ) Act 1957, in Crime No.125 of 2026, on the file of Page2 of 6 the respondent police seek anticipatory bail.

¶2The allegation against the petitioner is that the petitioner along with co-accused were involved in illegal transportation of 3 units and 6 units of pebble stones without any valid permit or licence by using a two Tipper lorries, bearing registration Nos. TN 48 S 4464 and TN 20 BL 1113 and that the petitioners was caught red handed by the respondent police. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are 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.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioners.

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. Page3 of 6

¶6From the submission made by the learned Government Advocate (Criminal Side) it is seen that the petitioners had no bad antecedents. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that petitioners had no previous cases, and upon the fond hope that they would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge them on anticipatory bail, 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-I, Ulunthurpet, on condition that the petitioners shall execute 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 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; Page4 of 6

(c) The petitioner/accused is directed to produce a demand draft for a sum of Rs. 95,000/- (Rupees Ninety Five thousand only) each [Rs.190000/2=Rs.95,000/-] in favour of the 'The Chairman/District Collector, The District Mineral Foundation Trust of Kallakurichi District', (Non refundable) before the learned Judicial Magistrate I, Ulunthurpet ;

(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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

(g) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 10-07-2026 JRS Page5 of 6 To

¶1The Judicial Magistrate-I, Ulunthurpet.

2.The Inspector of Police Edaikkal Police Station, Kallakurichi District. Crime No.125 of 2026.

3.The Public Prosecutor, Madras HighCourt. CRLoOPoNo.o17873oofo2026 C.KUMARAPPAN,oJ. JRS CRLoOPoNo.o17873oofo2026 10-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Manivel No.12 A, North Street,Viruthachalam Taluk, Nadiyapattu,Palakollai,Cuddalore District 2. Uma W/o.Visvandhan, No.190, Road Street, Balakollai, Nadiyapattu, Viruthachalam Taluk, Cuddalore District. ..Petitioner(s) Vs The State Rep by The Inspector of Police Edaikkal Police Station, Kallakurichi District. Crime No.125 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest a case in Crime no.125 of 2026 on the file of the Respondent. For Petitioner(s): M/S. M ARUN RAJA For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)