Kathir @ Kathir Raja v. The State of Tamil Nadu Rep. by Its, the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Section 303(2), 326(a) of BNS, 2023 r/w 21(1) of Mines and Minerals Development and Regulation Act 1957, in Crime No.98 of 2026, on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The allegation against the petitioner is that the petitioner was involved in illegal transportation of three bags of river sand, each weighting 50 kg, on a motorcycle bearing Registration No.TN 31 C 9411 without any valid permit or licence and that the petitioner was caught red handed by the respondent police. Hence, the case.

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

¶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 petitioner.

¶5Considering the above circumstances, this Court is of the considered view that custodial interrogation of the petitioner is not required at this stage. Hence, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions. Page3 of 5

8.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 No.II, Virudhachalam, 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 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. 21-07-2026 GBI To

1.The Judicial Magistrate No.II, Virudhachalam.

2.The Inspector of Police Kammapuram Police Sttiation, Cuddalore District.

3.The Public Prosecutor, High Court of Madars. CRLoOPoNo.o19347oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o19347oofo2026 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 Kathir @ Kathir Raja ..Petitioner(s) Vs The State of Tamil Nadu Rep. by its, The Inspector of Police Kammapuram Police Station, Cuddalore District. Crime No.98 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in the event of his arrest concerned in Cr.No.98 of 2026 on the file of the Kammapuram Police Station, Cuddalore District the respondent herein pending investigation and to pass such further order or orders as this Honourable Court may deem fit and proper in the circumstances of the above case and thus render justice. For Petitioner(s): M/S. G. Prabaharan For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)