- Court
- High Court of Madras
- Decided
- 30 June 2026
- Bench
- K.Rajasekar
- Case no.
- CRL OP(MD) 12805/2026
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Judgment
ORDER The petitioner apprehends arrest for the alleged offence under Sections 303(2) of BNS, 2023, in Crime No.210 of 2026, on the file of the respondent police seeks anticipatory bail.
¶2The allegation against the petitioner is that on 09.06.2026 at about 11.30 a.m, the petitioner illegally transported 2 units of M.sand worth about Rs.6,000/-. Hence, the case.
¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner has no previous antecedent. Hence, he prayed to grant anticipatory bail to the petitioner.
¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions, submitted that the the investigation is at preliminary stage. He would further submitted that the petitioner has no previous antecedent. However, he opposed to grant anticipatory bail to the petitioner.
¶5Heard both sides and perused the material available on records.
6.Considering the nature of allegations against the petitioner, and also considering the facts that nature and quantity of mineral involved in this case and the alleged transported sand was already seized along with vehicle and the petitioner has no previous antecedent, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Kizhithurai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:
(a) If the petitioner fails to surrender before the concerned 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 Jurisdictional Magistrate daily at 10.30 a.m., for a period of three 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 Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
30.06.2026 dss To
1.The Judicial Magistrate No.II, Kizhithurai.
2.The Inspector of Police Puthukadai Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.12805 of 2026 Date : 30/06/2026
Case details
Parties and counsel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/06/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR Sasikumar ... Petitioner/Accused Rank Not Known Vs The State of Tamil Nadu, Rep by, The Inspector of Police Puthukadai Police Station, Kanyakumari District. (Crime No.210/2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.210 of 2026 on the file of the Respondent Police. For Petitioner : Sonu P, Advocate. For Respondent : Mr.P.Vetrivel, Government Advocate (Crl.Side)
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