CRL OP(MD)/24106/2026 of Ponnusamy Vs State Of Tamilnadu Rep By In on 23 October 2026

ORDER

For Anticipatory Bail in Crime No.546 of 2026 on the file of the Respondent police.

2. The petitioners/Accused 1 & 2, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2) BNS (379 of IPC) and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.546 of 2026, on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that, on 14.10.2026, at about 1.00 a.m, while the complainant was on routine patrol duty, he noticed the accused persons illegally transported 3 units gravel sand from Nayakar Kanmai using a Tipper Lorry and JCB. Hence, the complaint.

4. The learned counsel appearing for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. However, he would further submit that the petitioners, without prejudice to their right, are ready to deposit the amount that may be imposed by this Court.

5. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the accused have transported 3 units of gravel sand illegally.

6. Considering the above and also the nature of the charges levelled against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) each to the credit of the District Mineral Foundation Trust, Theni District, without prejudice to their rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate, Uthamapalayam, Theni District.

8. On production of such receipt/ acknowledgment, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, Theni District, 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 that: [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] On execution of the sureties, the accused are directed to appear before the Judicial Magistrate Court, Uthamapalayam, Theni District for 15 working days at 10.30 am. Thereafter, the accused shall appear before the said Court on every Wednesday at 10.30 am for a period of 10 weeks; [c] In the event that the accused is unable to appear before the said Court, the counsel for the accused may file accused absence petition on behalf of the accused under Section 355 of BNSS and the same may be considered by the Court; [d] In the event that neither the accused appear nor his counsel file any such accused absent petition, the Court has to issue a Non Bailable Warrant against the accused and secure him and commit him to custody; [e] If the accused thereafter absconds, a fresh FIR shall be registered under Section 269 BNS, 2023;

[f] If the investigating agency requires the presence of the accused, after the execution of the bail bond, the Investigating Officer has to issue a summons to the accused for interrogation. However, the interrogation should not amount to harassment of the accused. The issuance of the summons to the accused and the interrogation of the accused should be reflected in the CD file as well as in the General Diary. The said exercise shall be done by the Investigating Officer at once or twice during the daytime. Once the purpose of the interrogation is over, the accused shall be sent out from the police station without any further delay; [g] On compliance of the above conditions for appearance of the accused all the conditions referred above shall stand relaxed; [h] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [i] the petitioners shall not abscond either during investigation or trial; [j] On breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

9. In view of the above, this Anticipatory Bail application is ordered. 23-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Nsr To:

1. Judicial Magistrate Court, Uthamapalayam, Theni District.

2. Inspector Of Police, Chinnamanur Police Station, Theni District. Crime No. 546/2026.

3. The District Mineral Foundation Trust, Theni District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.P.MURUGAN, J. Nsr CRL OP(MD) No. 24106 of 2026 23-10-2026