Arul Murugan vs The State, Rep. By, Inspector Of Police,
2026 Latest Caselaw 1699 Mad

Citation : 2026 Latest Caselaw 1699 Mad
Judgement Date : 8 April, 2026

[Cites 2, Cited by 0]

Madras High Court

Arul Murugan vs The State, Rep. By, Inspector Of Police, on 8 April, 2026

                                                                              CRL OP No. 8741 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 08-04-2026
                                                       CORAM
                                   THE HON'BLE MR.JUSTICE C.KUMARAPPAN
                                                CRL OP No. 8741 of 2026
                Arul murugan
                                                                                      ..Petitioner
                                                          Vs
                The State, rep. by,
                The Inspector of police,
                Keevalur Police Station,
                Nagapattinam District.
                (Crime No. 652 of 2025)
                                                                                    ..Respondent



                Prayer: Criminal Original Petition filed under section 482 of BNSS to enlarge
                the petitioner on anticipatory bail in the event of his arrest in connection with
                Crime No. 652 of 2025 on the file of the respondent police.


                              For Petitioner:          Mr.J.Jawahar

                              For Respondent:          Mr.P.Dhileepan
                                                       Government Advocate (Crl.Side)


                                                       ORDER

The petitioner, who apprehends arrest for the alleged offence under

Sections 303(2) of BNS 2023 r/w Section 21(1) of the Mines and Minerals

(Development & Regulation) Act 1957 in Crime No.652 of 2025, on the file of

the respondent police seeks anticipatory bail.

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2. The allegation against the petitioner is that the petitioner was involved

in illegal transportation of 3 units of sand using tipper lorry without any valid

permit or licence and that the petitioner was caught red handed by the

respondent police. Hence, the case.

3. The 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 marriage of the petitioner has been fixed on 12.04.2026 and 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.

4. The 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.

5. I have given my anxious consideration to the submissions made by the

learned counsel on either side and perused the materials available on record.

6.From the submission made by the learned Government Advocate

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(Criminal Side) it is seen that the petitioner had no bad antecedents. Though,

this Court views the offence of theft of natural resources and its exploitation as

serious offence, taking into consideration of the fact that petitioner had no

previous cases, and 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.

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 District Munsif and

Judicial Magistrate, Keevalur, 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 is directed to make a non-refundable

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deposit of Rs.1,50,000/- [Rupees One Lakh and Fifty Thousand Only] directly to the credit of “Tamil Nadu State Legal Services Authority, High Court Campus, Chennai”, without prejudice to the right of the defence before the Trial Court and the receipt shall be produced at the time of executing the bond;

(d) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm for a period of two months; thereafter as and when required;

(e) 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];