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P. Ganesan v. The State Rep By, the Sub-Inspector of Police

GRANTED
Court
High Court of Madras
Decided
13 July 2026
Bench
C.Kumarappanauthor
Case no.
18185/2026

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Judgment

O R D E R The petitioner, who apprehends arrest for the alleged offence under Sections 303(2) and 326(a) of BNS Act, 2023 r/w. Section 21(1) of Mines and Minerals (Development & Regulations) Act, 1957, in Crime No.102 of 2026, on the file of the respondent police, seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that the petitioner and other accused have illegally stolen ¼ unit of river sand in bullock cart. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, opposed to grant anticipatory bail to the petitioner.

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

6.Though this Court views the offence of theft of natural resources and its exploitation as serious offence, upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions. Page3 of 5

7.Accordingly, 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 on which the order copy is made ready, before the learned Judicial Magistrate, Arni, Tiruvannamalai 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:

(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;

(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) 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 Page4 of 5 Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

13.07.2026 ssb To

1.The Judicial Magistrate, Arni, Tiruvannamalai District.

2.The Sub-Inspector of Police, Kalambur Police Station, Tiruvannamalai District.

3.The Public Prosecutor High Court of Madras. CRLoOPoNo.o18185oofo2026 C.KUMARAPPAN,oJ. ssb CRLoOPoNo.o18185oofo2026

13.07.2026 Page5oofo5

Case details

Parties and counsel

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.07.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL.O.P.No.18185 of 2026 P.Ganesan ..Petitioner(s) Vs State rep.by its, The Sub-Inspector of Police, Kalambur Police Station, Tiruvannamalai District. Cr.No.102 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of the arrest in Cr.No.102 of 2026 on the file of the respondent Police. For Petitioner(s): Mr.G.Saravanan For Respondent(s): Mr.N.Palanivel Government Advocate (Criminal side)

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.