Prakash v. The State Rep by the Sub Inspector of Police

ORDER The petitioners, who apprehend arrest for the alleged offence Sections 303(2) of BNS, 2023, r/w Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.276 of 2026, on the file of the respondent police seek anticipatory bail. Page2 of 5

¶2The allegation against the petitioners is that the petitioners were involved in illegal transportation of quarter unit of river sand without any valid permit or licence by using a Bullock Cart and that the petitioners were caught red handed by the respondent police. Hence, the case.

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

¶6From the submission made by the learned Government Advocate (Crl.Side) the petitioners do not have any previous cases. Though, this Court views the offence of theft of natural resources and its exploitation as serious Page3 of 5 offence, taking into consideration of the fact that they have no previous cases, and upon the fond hope that they would mend themselves 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-II, Ulundurpet, on condition that each of the petitioners 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 petitioners fail 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 petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate Page4 of 5 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];

(e) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 21-07-2026 GBI To

1.The Judicial Magistrate-II, Ulundurpet.

2.The Sub Inspector of Police Thirunavalur Police Station, Kallakurichi.

¶3The Public Prosecutor, High Court, Madras. CRLoOPoNo.o19248oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o19248oofo2026 21-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Prakash 2. Baskaran ..Petitioner(s) Vs The State Rep by The Sub Inspector of Police Thirunavalur Police Station, Kallakurichi. Crime no.276 of 2026. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on Bail on event of their arrest in connection with Crime no.276 of 2026 on the file of the Respondent Police. For Petitioner(s): M/S. Vanithalakshmi S For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)