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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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
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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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 registeredunder Section 269 B.N.S.
14-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/NoAY
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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Crl.OP.No.12908 of 2026
P.DHANABAL, J.
AY
CRL OP No. 12908 of 2026
14-05-2026
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