A Kumaresan vs State Rep By Inspector Of Police on 14 May, 2026

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    Madras High Court

    A Kumaresan vs State Rep By Inspector Of Police on 14 May, 2026

                                                                              Crl.OP.No.12908 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. 12908 of 2026
    
                      1. A Kumaresan, M/35 years,
                         S/o Asaikannu,
                         Natham,
                         Kuvagam Village,
                         Ullundurpet Taluk,
                         Kallakurichi District.
    
                      2. Divagar, M/29 years,
                         s/o Mahalingam,
                         No. 2/232, Agrahara Street,
                         Maragathapuram,
                         Villupuram - 605401.
    
                                                                                       ..Petitioner(s)
                                                            Vs
                      State Rep by Inspector of Police
                      Villupuram Taluk Police Station,
                      Villupuram District.
                      (Crime No. 216 of 2026)
                                                                                    ..Respondent(s)
    
    
                      PRAYER: To enlarge the petitioners on anticipatory bail in the event of the
    
                      arrest pending investigation in Crime No. 216 of 2026 on the file of
    
                      respondent police and thus render justice.
    
    
    
    
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    https://www.mhc.tn.gov.in/judis
                                                                                     Crl.OP.No.12908 of 2026
                                  For Petitioner(s):    Saravanabhavan G
                                                        A.Santhanakrishnan
    
                                  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) of BNS Act

    SPONSORED

    r/w Section 21(1) of MMDR Act in Crime No.216 of 2026, on the file of the

    respondent police, seeks anticipatory bail.

    2. The case of the prosecution is that on 02.05.2026, the petitioners

    have illegally transported three units of gravel sand without valid permit in a

    vehicle.

    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 vehicle;

    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 not required in this case and hence prayed to grant

    anticipatory bail to the petitioners.

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    Crl.OP.No.12908 of 2026

    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, the

    petitioners have got no previous case.

    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

    and there is no previous case pending against the petitioners, this Court is

    inclined to grant anticipatory bail to the petitioners on certain conditions.

    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

    I, Villupuram on condition that the petitioners shall execute a bond for a

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    https://www.mhc.tn.gov.in/judis
    Crl.OP.No.12908 of 2026
    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 respondent police on every

    Saturday at 10.00 a.m., for a period of four weeks and thereafter, as and

    when required for interrogation.

    [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

    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].

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    Crl.OP.No.12908 of 2026
    [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,
    Villupuram Taluk Police Station,
    Villupuram District.

    2.The Judicial Magistrate Court -1,
    Villupuram.

    3.The Public Prosecutor,
    High Court of Madras.

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    https://www.mhc.tn.gov.in/judis
    Crl.OP.No.12908 of 2026

    P.DHANABAL, J.

    AY

    CRL OP No. 12908 of 2026

    14-05-2026

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



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