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Madras High Court
Raja vs State Rep By, The Inspector Of Police on 22 May, 2026
Crl.O.P.No.13399 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL
Crl.O.P.No.13399 of 2026
Raja ...Petitioner/Accused
Vs.
State Rep. by
The Inspector of Police,
Virudhachalam Police Station,
Cuddalore, Tamil Nadu – 606 115.
(Crime No.133 of 2026) ...Respondent/ Complainant
PRAYER: Criminal Original Petition filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the
Petitioner on pre-arrest bail in the event of arrest at the hands of the
Respondent Police in Crime No.133 of 2026 pending on the file of
Inspector of Police, Virudhachalam, Police Station, Cuddalore.
For Petitioner : Mr.A.Bharani Chandar
For Respondent : Mr.S.Yogaraja Sekar
Government Advocate
(Criminal Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.13399 of 2026
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 for the alleged offence under Sections 303(2) and 326 (a) of
the Bharatiya Nyaya Sanhita, 2023, in Crime No.133 of 2026, praying to
grant an order of pre-arrest bail.
2.The case of prosecution is that on 09.03.2026 at about 4.30 a.m.,
the Respondent Police was conducting patrol duty, at that time, they
noticed Ashok Leyland Tipper Lorry bearing Registration No.TN 48 AB
1155, proceeding in a suspicious manner and it was intercepted for
inspection and it was found that the lorry contained 3 units of pebbles.
Further, while inspecting the vehicle, there was no valid permit, transit
pass, receipt or Government authorization for transporting the said
pebbles and prosecution further alleges that the accused had illegally
quarried and transported minerals for unlawful gain. Hence, the
complaint was registered against the Petitioner.
3.The learned Counsel appearing for Petitioner submits that the
Petitioner has not at all committed any offence as alleged by the
Respondent Police and he has been falsely implicated in this case and he
will abide by any condition that may be imposed by this court. Hence, he
prayed to grant an order of pre-arrest bail to the Petitioner.
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4.The learned Government Advocate (Criminal Side) appearing for
Respondent Police submitted that Ashok Leyland Tipper Lorry bearing
Registration No.TN48-AB-1155, had no valid permit, transit pass, receipt
or Government authorization for transporting the said pebbles. He further
submitted that the accused had illegally quarried and transported minerals
for unlawful gain. Hence, he opposed to grant pre-arrest bail to the
Petitioner.
5.The vehicle bearing Registration No.TN48-AB-1155 and the
minerals (3-Units Pebbles) were seized. Hence, this Court is of the view
that custodial interrogation of the petitioner may not be required for the
respondent – police. Therefore, this Court is inclined to grant pre-arrest
bail to the Petitioner subject to the following conditions:
(i) The Petitioner shall be released on pre-arrest bail in the event of
his arrest or in the event of his surrender before the Judicial Magistrate,
No.1 Virudhachalam within a period of 15 days from today, on executing
a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only),
along with two sureties each for a like sum of Rs.25,000/- (Rupees
Twenty Five Thousand only) to the satisfaction of the learned Judicial
Magistrate, No.1 Virudhachalam;
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(ii) The Petitioner shall appear and sign before the Respondent-
Police, on everyday at 10.00 a.m., until further orders;
(iii) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to 'The Criminal Rules of Practice, 2019]. The learned Judicial
Magistrate, No.1 Virudhachalam shall obtain a copy of any one of their
identity proofs to ensure their identity;
(iv) The Petitioner shall furnish his residence address and mobile
number to the learned Judicial Magistrate, No.1 Virudhachalam.
(v) The Petitioner shall not, directly or indirectly, cause any threat
to the defacto complainant and witnesses and shall not tamper the
evidence.
(vi) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate, No.1 Virudhachalam is entitled to pass appropriate
orders against the Petitioner in accordance with law as if the
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aforementioned conditions are imposed by them as laid down by the
Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC
283].
6.Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
22.05.2026
Index : Yes/No
Internet : Yes/No
Neutral citation : Yes/No
pam
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 official
website of this Court will be watermarked and will also have
a QR code.
https://www.mhc.tn.gov.in/judis
R.SAKTHIVEL. J.
pam
To
1.The Judicial Magistrate, No.1
Virudhachalam.
2.The Inspector of Police,
Virudhachalam Police Station,
Cuddalore, Tamil Nadu – 606 115.
3.The Public Prosecutor,
High Court of Madras.
22.05.2026
https://www.mhc.tn.gov.in/judis
