Neelakandan vs State Rep By The Inspector Of Police
2026 Latest Caselaw 2760 Mad

Citation : 2026 Latest Caselaw 2760 Mad
Judgement Date : 22 May, 2026

[Cites 3, Cited by 0]

Madras High Court

Neelakandan vs State Rep By The Inspector Of Police on 22 May, 2026

                                                                                Crl.O.P.No.13381 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.13381 of 2026

                     Neelakandan
                     S/o.Sivasankaran                                      … Petitioner/Accused

                                                           Vs.
                     The State rep. by
                     The Inspector of Police,
                     Edaikkal Police Station,
                     Kallakurichi District
                     Crime No.56 of 2026                            ...Respondent/Complainant

                     PRAYER :- Criminal Original Petition filed under Section 482 of the
                     Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-
                     arrest bail to the petitioner in Crime No.56 of 2026 on the file of the
                     respondent police.


                                      For Petitioner   :     Mr.Balachandran.T
                                                             Advocate

                                      For Respondent   :     Mr.R.Ganesh Kumar
                                                             Counsel for Government of
                                                             Tamil Nadu (Criminal side)
                                                             Asst.by Mr.Mohammed Imran.A




                     1/8




https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.13381 of 2026



                                                               ORDER

This Criminal Original Petition has been filed by the petitioner on

11.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-

police for the offences punishable under Sections 303 (2) of Bharatiya

Nagarik Suraksha Sanhita (BNSS), 2023 r/w 21 (1) of the Mines and

Minerals (Development and Regulation) Act, 1957, in Crime No.56 of

2026 on the file of the respondent-police.

3. The case of the prosecution is that on 10.04.2026 around 12:00

p.m. during routine vehicle check near the Asanur SIPCOT, the

respondent police intercepted a vehicle (Registration No.TN 46 M 4699)

involved in the illegal transportation of three units of pebbles. Hence, the

case.

4. Mr.Balachandran.T, learned counsel for the petitioner, submits

that the petitioner is an innocent person and he has not committed any

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offence as alleged by the prosecution. He however submits that the

petitioner is ready to abide any conditions to be imposed by this Court.

Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr.R.Ganesh Kumar, learned Counsel for the

Government of Tamil Nadu (Criminal Side), Assisted by Mr.Mohammed

Imran.A, appearing for the respondent-police, submits that the petitioner

is a regular offender with seven previous cases, six of which are of a

similar nature. He further submits that the investigation of the case is still

pending and therefore, at this stage, if the pre-arrest bail is granted to the

petitioner, he will commit similar type of offence and cause loss to wealth

of the nation. Accordingly, he prays to dismiss this Criminal Original

Petition.

6. Heard both sides. This Court has perused the records.

7. Considering the fact that the petitioner's vehicle along with

illegally transported 3 units of pebbles has already been seized by the

respondent-police, this Court is of the view that the custodial

interrogation of the petitioner is not necessary. Further, the petitioner has

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permanent residence and deep roots in the society. Hence, there is less

possibility of absconding. Considering the same and also considering the

facts and circumstances of the case, the nature of the offence, the quantity

of pebbles allegedly transported by the accused persons and with a view

to give an opportunity to the petitioner to reform himself, this Court is

inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest

bail is granted 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 learned Judicial

Magistrate No.I, Ulunderpet, Kallakurichi district, within a period of 15

days from the date on which the order copy is made ready, on executing a

bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) along with

two sureties each for a like sum of Rs.50,000/- (Rupees Fifty Thousand

only) to the satisfaction of the learned Judicial Magistrate No.I,

Ulunderpet, Kallakurichi district.

(ii) 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.I, Ulundurpet, Kallakurichi district shall obtain a copy of

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any one of identity proofs to ensure their identity.

(iii) The petitioner shall appear and sign before the respondent

Police daily at 10.00 a.m. until further orders.

(iv) The petitioner shall make himself available for interrogation

by a police officer as and when required.

(v) The petitioner shall not, directly or indirectly, make any

inducement, threat or promise to any person acquainted with the facts of

the case so as to dissuade them from disclosing such facts to the Court or

to any police officer.

(vi) The petitioner shall also not, directly or indirectly, cause any

threat to the defacto complainant and witnesses and shall not tamper the

evidence.

(vii) The petitioner shall not leave India without prior permission

of the Court.

(viii) The petitioner shall furnish his residential address and

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mobile number to the concerned Magistrate.

(ix) On breach of any of the aforementioned conditions, the

learned Judicial Magistrate No.I, Ulundurpet, Kallakurichi district or

Trial Judge, as the case may be, is entitled to pass appropriate orders

against the petitioner in accordance with law as if the 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].

8. Accordingly, this Criminal Original Petition is allowed subject

to the conditions stated supra.

22.05.2026 dpq

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.

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1.The Judicial Magistrate No.I, Ulundurpet, Kallakurichi district

2.Do Through the Chief Judicial Magistrate, Ulundurpet.

3.The Inspector of Police, Edaikkal Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court of Madras.

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R.SAKTHIVEL. J.

dpq

22.05.2026

https://www.mhc.tn.gov.in/judis