Citation : 2026 Latest Caselaw 2643 Mad
Judgement Date : 20 May, 2026
CRL OP(MD). No.9701 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 20/05/2026
PRESENT
The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9701 of 2026
Palraj ... Petitioner/1st Accused
Vs
State of Tamilnadu Rep by
Inspector of Police,
Chinnamanur Police Station,
Theni District.
Crime No.282 of 2026. ... Respondent/Complainant
For Petitioner : Mr.S.Muniyandi
Advocate.
For Respondent : Mr.Albert James
Government Advocate (Crl.Side)
PRAYER :-
For Anticipatory Bail in Cr.No.282 of 2026 on the file of the
Respondent Police.
ORDER :
The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the
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respondent for the offences punishable under Sections 303(2) of BNS,
2023 r/w. Section 21(1) of Mines and Minerals (Development &
Regulation) Act, 1957 in Crime No.282 of 2026 on the file of the
respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, upon receiving secret
information, the respondent Police conducted a vehicle check, and at that
time, the petitioner herein along with other accused are alleged to have
illegally transported ¾ unit of river sand by using a lorry. Hence, a case
has been registered against the accused for the aforesaid offences. Hence,
this petition.
3. The learned counsel for the petitioner would submit that the
petitioner is innocent and has not committed any offence as alleged by
the prosecution, and his name has been falsely implicated in the case.
Hence, he prays for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) fairly submits
that the property has been recovered, that no previous case is pending
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against the petitioner and that the investigation is still pending. Hence, he
opposes the grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, the
nature of the offences charged against the petitioner, and the fact that the
property has already been recovered and that no previous case is pending
against the petitioner, I am inclined to grant anticipatory bail to the
petitioner subject to certain conditions.
7.Accordingly, the petitioner is ordered to be released on bail in
the event of arrest or on his appearance, on condition that the petitioner
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
learned Judicial Magistrate, Uthamapalayam, Theni District, within a
period of fifteen days from the date on which the order copy is made
ready and on further conditions that:
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[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 Aadhar card
or Bank pass Book to ensure heir identity;
[b] the petitioner shall report before the respondent
Police once in a month, i.e., on the first working day of
every English calendar month at 10.30 a.m., until further
orders.
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or
witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the
learned Judicial 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
released on bail by the learned Magistrate / Trial Court
himself as laid down by the Hon'ble Supreme Court in
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P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can
be registered under Section 269 B.N.S, 2023.
(R V J) 20.05.2026 TRP
TO
1. Judicial Magistrate, Uthamapalayam, Theni District,
2. Inspector of Police, Chinnamanur Police Station, Theni District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR,J
TRP
ORDER IN
Date : 20/05/2026
https://www.mhc.tn.gov.in/judis
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