[Cites 1, Cited by 0]
Madras High Court
Suresh vs The State Rep By, Inspector Of Police on 22 May, 2026
Crl.O.P.No.13497 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.13497 of 2026
1. Suresh
S/o. Elumalai,
No.3-247, New Colony,
Kollur, Arakandanallur,
Villupuram District.
2. Sabapathi
S/o. Moorthi
V-O-C Street, Andili,
Arakandanallur,
Villupuram District.
3. Amulraj
S/o. Poongan,
V-O-C Street, Andili,
Arakandanallur,
Villupuram District.
4. Stalin
S/o. Poongan,
V-O-C Street, Andili,
Arakandanallur,
Villupuram District. ... Petitioners / Accused
Versus
State rep. by
The Inspector of Police,
Arakandanallur Police Station,
Villupuram District.
(Crime No. 180/2026) ... Respondent/Complainant
Page No.1 of 7
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Crl.O.P.No.13497 of 2026
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.180 of 2026 on the file of the respondent
police.
For Petitioners : Mr.E.Iyappan
For Respondent : Mr.C.R.Malarvannan
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioners on
19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023
praying to grant an order of pre-arrest bail.
2. The petitioners / Accused, apprehend arrest at the hands of the
respondent police for the alleged offences punishable under Sections 303 (2),
326 (a) of Bharatiya Nyaya Sanhita, r/w. Section 21 (1) of Mines and Minerals
Act in Crime No. 180/2026 on the file of the respondent police.
3. The case of the prosecution is that the petitioners transported ½ unit of
river sand in a bullock cart without any valid permission. Hence the case.
4.The learned counsel for the petitioners submitted that the petitioners
have not committed any offence as alleged by the prosecution; and that the
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respondent-police registered the case only for statistical purpose. He further
submitted that they are ready to obey the condition if any imposed by this Court.
Accordingly, he prayed to grant an order of pre-arrest bail to the petitioners.
5.The learned Government Advocate (Criminal Side) appearing for the
respondent police submitted that the petitioner excavated and transported ½
unit of river sand in a Bullock Cart; and that the first petitioner has six previous
cases similar to that of this case, the second petitioner has two previous cases
and third and fourth petitioners have no previous case. Accordingly, he prayed
to dismiss this Criminal Original Petition.
6.Heard both sides. This Court has perused the records.
7. Considering the quantity of river sand allegedly excavated and
transported by the petitioners, this Court grants an order of pre-arrest bail to the
petitioners subject to the following conditions:
(i) The petitioners shall be released on bail in the event of their arrest or
in the event of their surrender before the learned Judicial Magistrate cum
District Munsif, Tiruvennainallur, within a period of 15 days from today, on
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with
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two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to
the satisfaction of the learned Judicial Magistrate cum District Munsif,
Tiruvennainallur;
(ii) The petitioners shall appear and sign before respondent Police,
weekly twice ie., on Monday and Friday 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 cum District
Munsif, Tiruvennainallur shall obtain a copy of any one of their identity proofs
to ensure their identity;
(iv) The first petitioner shall pay a sum of Rs.10,000/- (Rupees Ten
Thousand Only) and the second petitioner shall pay a sum of Rs.5,000/-
(Rupees Five Thousand Only) as donations to the Tamil Nadu Advocate
Clerk Association, Chennai (Account No.484026006, Indian Bank High
Court Branch, IFSC NO.IDIB000M157).
(v) The petitioners shall make themselves available for interrogation by
police as and when required;
(vi) The petitioners 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;
(vii) The petitioners shall not leave India without the prior permission of
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the Jurisdictional Judicial Magistrate cum District Munsif,
Tiruvennainallur/Trial Court; and
(viii) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate cum District Munsif, Tiruvennainallur/Trial Judge is entitled
to pass appropriate orders against the petitioners in accordance with law as if the
aforementioned conditions are imposed by themselves as laid down by the
Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 5560].
8. 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
dh/rsi
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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To
1. The Judicial Magistrate cum District Munsif,
Tiruvennainallur.
2. The Inspector of Police,
Arakandanallur Police Station,
Villupuram District.
3.The Public Prosecutor,
High Court, Madras.
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R.SAKTHIVEL, J.
dh/rsi
22.05.2026
https://www.mhc.tn.gov.in/judis
