Ramasamy Vs State Rep.by, The Special Sub Inspectoro f Police (SSI),

Ramasamy vs State Rep.by, The Special Sub Inspectoro f Police (SSI),

Type Court Judgment Court Chennai Decided Mar 26, 2026

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Citation: sooperkanoon.com/1434837
Court: Chennai High Court
Judge: Honourable Mr.Justice C.Kumarappan
Decided On: Mar 26, 2026
Case Number: CRL OP/7738/2026

Parties & Advocates

Appellant / Petitioner

Ramasamy

Respondent

State Rep.by, The Special Sub Inspectoro f Police (SSI),

Excerpt

.....by the learned government advocate(criminal side) it is seen that the petitioner had no bad antecedents. though, this court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that petitioner had no page2 of 5 previous cases, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this court is inclined to enlarge him on anticipatory bail, subject to certain conditions.7. accordingly, the petitioner is ordered to be released on anticipatorybail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the district munsif cum judicial magistrate court, at jm-i, at chengam, on condition that the petitioner shall execute a bond for a sum of rs.20,000/- (rupees twenty thousand only), with two sureties each for a like sum to the satisfaction of the learned magistrate concerned, and on further conditions:(a) if the petitioner fails to surrender before the concerned learned magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;(b) the sureties shall affix their photographs and left thumbimpression in the application for surety ship (judicial form no.46 annexed to 'the criminal rules of practice, 2019]'. the learned magistrate shall obtain a copy of any one of identify proofs to ensure their identity;(c) the petitioner is directed to make a non-refundabledeposit of rs.10,000/- [rupees ten thousand only] directly to the credit of “tamil nadu state legal services authority, high court campus, chennai”, without prejudice to the right of the defence before the trial court and the receipt page3 of 5 shall be produced at the time of executing the bond;(d) the petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm for a period.....

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Ramasamy ..Petitioner Vs State Rep.by, The Special Sub Inspector of Police (SSI), Pachal Police Station, Tiruvannamalai- 606705.. (Cr.No.34/2026) ..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023 to enlarge on bail to the petitioner in the event of his arrest in Cr.No. 34/2026 pending on the file of respondent. For Petitioner: Mr.Sri Krishna .B.K. For Respondent: Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 303(2) and 326(a) of BNS r/w 21(1) of Mines and Minerals Act in Crime No.34 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner was involved

Page1 of 5 in illegal transportation of ½ unit of sand without any valid permit or licence and that the petitioner was caught red handed by the respondent police. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner was

innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6. From the submission made by the learned Government Advocate

(Criminal Side) it is seen that the petitioner had no bad antecedents. Though, this Court views the offence of theft of natural resources and its exploitation as serious offence, taking into consideration of the fact that petitioner had no Page2 of 5 previous cases, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory

bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the District Munsif cum Judicial Magistrate Court, at JM-I, at Chengam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb

impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

deposit of Rs.10,000/- [Rupees Ten Thousand Only] directly to the credit of “Tamil Nadu State Legal Services Authority, High Court Campus, Chennai”, without prejudice to the right of the defence before the Trial Court and the receipt Page3 of 5 shall be produced at the time of executing the bond;

(d) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm for a period of two months; thereafter as and when required;

(e) On breach of any of the aforesaid conditions, the learned

Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 26-03-2026 SHL To:

1. The District Munsif cum Judicial Magistrate Court, at JM-I, at Chengam

2. The Special Sub Inspector of Police (SSI), Pachal Police Station, Tiruvannamalai- 606705.

3. The Public Prosecutor High Court of Madras Page4 of 5 C.KUMARAPPAN J. SHL 26-03-2026 Page5 of 5

Same Court & Year Chennai · 2026 Same Parties Ramasamy vs State Rep.by, The Special Sub Inspectoro f Police... Same Judge Honourable Mr.Justice C.Kumarappan