[Cites 2, Cited by 0]
Madras High Court
Pachaiyappan vs State Rep By Inspector Of Police on 14 May, 2026
Crl.OP.No.12784 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12784 of 2026
1. Pachaiyappan. M/A 26
S/ O. Parthiban
No.209, Kalathu Mettu Street
Vallalar nagar, Thandalam Village and Post,
Wakajah Taluk
Ranipet District
2. Selvam, M/A 42
S/O. Gopal
No.125, Pillaiyar koil Street
Manthangal village and Post,
Wakajah Taluk
Ranipet Dist
..Petitioner(s)
Vs
State Rep By Inspector Of Police
Kondapalayam Police Station,
Ranipet District
(Crime No. 60/2026)
..Respondent(s)
PRAYER: To enlarge the Petitioners on Bail in the event of their arrest in
Crime.No. 60 of 2026 on the file of the Respondent and thus render justice.
1/6
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Crl.OP.No.12784 of 2026
For Petitioner(s): G P Sivakumar
For Respondent(s): Mr.A.Gopinath,
Govt.Advocate (Crl.Side).
ORDER
The petitioners, who apprehends arrest in the hands of the respondent
Police, for the alleged offence punishable under Sections 303(2), 326(a) of
BNS act r/w Section 21(1) of MMDR Act in Crime No.60 of 2026, on the file
of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 28.04.2026, when the
respondent police were in a routine check up at Katrambakkam, found that
the petitioners were illegally transporting four units of river sand in a Tipper
Lorry bearing Registration No.TN 47-AU-6259 without valid permit.
3. The learned counsel for the petitioners would contend that the first
petitioner is the driver and the second petitioner is the owner of the lorry; that
the petitioners have been falsely implicated in this case; that sand and vehicle
were seized by the respondent police; and that the custodial interrogation is
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not required in this case and hence prayed to grant anticipatory bail to the
petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the case of the prosecution and on instructions,
submitted that the soil and vehicle were seized and apart from this case, A1
has got two previous case and A2 has no previous case and hence,
vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioners and the learned
Government Advocate (Crl.Side) for the respondent police and perused the
materials available on record.
6. Considering the rival submissions made by the learned counsel
appearing on either side, nature of offence and the quantity of minerals
involved in this case and the fact that the respondent police seized the vehicle
with river sand and though A1 is having two previous cases, they are not
similar kind of offences and bail was granted to him, this Court is inclined to
grant anticipatory bail to the petitioners on certain conditions.
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7. Accordingly, 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, Sholinghur on condition that the petitioners shall execute a
bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two
sureties each for a like sum to the satisfaction of the respondent Police or the
Police officer who intends to arrest or to the satisfaction of the learned
Magistrate concerned, failing which, the petition for anticipatory bail shall
stand dismissed 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 Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the Thirupathur Police
Station everyday at 10.00 a.m., until further orders.
[c] the petitioners shall not tamper with evidence or witness either
during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against the
petitioners in accordance with law as if the conditions have been imposed and
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the petitioners 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered
under Section 269 B.N.S.
14-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AY
Note:
1. Registry is directed to forthwith upload this order in
the Official Website of this Court.
2. All concerned to act on this order being uploaded in
Official Website of this Court without insisting on
certified hard copies. To be noted, this order when
uploaded in the official website of this Court will be
watermarked and will also have a QR code.
To
1.The Inspector of Police,
Kondapalayam Police Station,
Ranipet District.
https://www.mhc.tn.gov.in/judis
P.DHANABAL, J.
AY
2.The Judicial Magistrate Court,
Sholinghur.
3.The Public Prosecutor,
High Court of Madras.
14-05-2026
https://www.mhc.tn.gov.in/judis
