Kaleeswaran vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2502 Mad

Citation : 2026 Latest Caselaw 2502 Mad
Judgement Date : 13 May, 2026

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Madras High Court

Kaleeswaran vs State Of Tamilnadu Rep By Inspector Of ... on 13 May, 2026

                                                                     CRL OP(MD). No.9406 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            Dated : 13/05/2026

                                                  CORAM

                           THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

                                        CRL OP(MD). No.9406 of 2026

                     Kaleeswaran                      ... Petitioner/Sole Accused

                                                     Vs

                     State of Tamilnadu Rep by,
                     The Inspector of Police,
                     Kadaladi Police Station,
                     Ramanathapuram District.
                     Crime No.43/2026.                ... Respondent/Complainant

                     PRAYER :-

                          For Bail in Crime No.43/2026 on the file of the respondent
                     police.


                       For Petitioner : Mr.S.Muniyandi,
                                        Advocate.
                       For Respondent : Mr.S.Ravi,
                                        Additional Public Prosecutor


                     ORDER :

The Court made the following order :-

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The petitioner, who was arrested and remanded to judicial custody

on 26.04.2026 for the offence punishable under Section 303(2) of BNS,

2023 & Section 21(1) of Mines and Minerals Development & Regulation

Act, 1957, in Crime No.43 of 2026, on the file of the respondent police,

seeks bail.

2. The case of the prosecution is that on 26.04.2026, the petitioner

is said to have illegally transported ¼ unit of river sand by using a

Bullock Card at Malataru River bed. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the

petitioner is an innocent person and he has not committed any offences as

alleged by the prosecution. He further submitted that the petitioner is in

judicial custody from 26.04.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the

petitioner illegally transported ¼ unit of river and the investigation is still

pending and the petitioner has 17 previous cases. Out of which, 5 cases

are similar in nature. Hence, he strongly opposed for grant of bail to the

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petitioner.

5. By way of reply, the learned counsel for the petitioner would

submit that all the cases are false cases and the same have been registered

for statistical purpose only.

6. Taking into consideration of the facts and circumstances of the

case and considering the quantity involved in this case and also

considering the period of incarceration suffered by the petitioner, this

Court is inclined to grant bail to the petitioner, subject to the following

conditions:

7. Accordingly, the petitioner is ordered to be released on bail on

executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)

each with two sureties, each for a like sum to the satisfaction of the

learned Judicial Magistrate, Kadaladi, Ramanathapuram District, and on

further conditions that :-

[a] the petitioner 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

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or bank pass book to ensure their identity;

[b]the petitioner is directed to make a non-refundable deposit of a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the Tiruchuli Bar Association, having account in Indian Overseas Bank, Tiruchuli, Account No.247601000024274, IFSC No: IOBA0002476, MICR Code:626020206; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;;

[c] the petitioner shall report before the

respondent police daily at 10.30 a.m., until further

orders;

[d] the petitioner shall not tamper with the evidence

or witness either during investigation or trial;

[e] the petitioner shall not abscond either during

investigation or trial;

[f] 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