C.Shiju Rajan vs The State Of Tamilnadu Rep B

Court
Madras High Court

CRL OP(MD) No. 24122 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23-10-2026
CORAM
THE HON'BLE DR.JUSTICE P.MURUGAN
CRL OP(MD) No. 24122 of 2026
CNR:{HCMD011528752026}
C.Shiju Rajan
..Petitioner
Vs
The State Of Tamilnadu
Rep By
The Inspector Of Police,
Thuckalay Police Station,
Kanniyakumari District.
(Crime No.362 of 2026)
..Respondent
PRAYER: PETITION FOR ANTICIPATORY BAIL Under Section
482 of B.N.S.S.
To enlarge the Petitioner on Anticipatory Bail in the event of his
arrest by the Respondent Police in Crime No.362 of 2026 pending on the
file of the Respondent Police.
For Petitioner: Mr. M.R.Sreenivasan
For Respondent: Mr.I.Murugesan
Counsel for State of Tamil Nadu
Criminal Side
ORDER
For Anticipatory Bail in Crime No.362 of 2026 on the file of
the Respondent police.
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CRL OP(MD) No. 24122 of 2026
2. The petitioner/Accused Rank Not Known, who apprehends
arrest at the hands of the respondent police for the offences
punishable under Section 303(2) BNS (379 of IPC) and Section
21(1) of Mines and Minerals (Development and Regulation) Act,
1957, in Crime No.362 of 2026, on the file of the respondent police,
seeks anticipatory bail.
3. The case of the prosecution is that, on 25.07.2026, at
about 10.00 a.m, while the respondent Police was on routine patrol
duty, he noticed the accused illegally transported 1 unit red sand
using a tempo. Hence, the complaint.
4. The learned counsel appearing for the petitioner would
submit that the petitioner is innocent and he has been falsely
implicated in this case. However, he would further submit that the
petitioner, without prejudice to his right, is ready to pay the amount
that may be imposed by this Court.
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CRL OP(MD) No. 24122 of 2026
5. The learned Government Advocate (Criminal Side)
appearing for the respondent police would submit that the accused
has transported 1 unit of red sand illegally.
6. Considering the above and also the nature of the charges
levelled against the petitioner, this Court is inclined to grant
anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner shall pay a sum of
Rs.5,000/- (Rupees Five Thousand only) to the credit of the
District Mineral Foundation Trust, Kanyakumari District, without
prejudice to his rights and contentions before the trial Court and
produce the receipt / acknowledgment before the learned Judicial
Magistrate No.I, Padmanabhapuram.
8. On production of such receipt/ acknowledgment, the
petitioner is ordered to be released on bail in the event of arrest or on
his appearance, within a period of fifteen days from the date of
receipt of a copy of this order, before the learned Judicial Magistrate
No.I, Padmanabhapuram, on condition that the petitioner shall
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CRL OP(MD) No. 24122 of 2026
execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand
only) with two sureties each for a like sum to the satisfaction of the
learned Magistrate concerned and on further conditions that:
[a] the petitioner and the sureties shall affix their photographs
and left thumb impression in the surety bond and the Magistrate may
obtain a copy of their Aadhaar card or bank pass book to ensure their
identity;
[b] On execution of the sureties, the accused is directed to
appear before the Judicial Magistrate No.I Court, Padmanabhapuram
for 15 working days at 10.30 am. Thereafter, the accused shall
appear before the said Court on every Wednesday at 10.30 am for a
period of 10 weeks;
[c] In the event that the accused is unable to appear before the
said Court, the counsel for the accused may file accused absence
petition on behalf of the accused under Section 355 of BNSS and the
same may be considered by the Court;
[d] In the event that neither the accused appear nor his counsel
file any such accused absent petition, the Court has to issue a Non
Bailable Warrant against the accused and secure him and commit
him to custody ;
[e] If the accused thereafter absconds, a fresh FIR shall be
registered under Section 269 BNS, 2023;
[f] If the investigating agency requires the presence of the
accused, after the execution of the bail bond, the Investigating
Officer has to issue a summons to the accused for interrogation.
However, the interrogation should not amount to harassment of the
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CRL OP(MD) No. 24122 of 2026
accused. The issuance of the summons to the accused and the
interrogation of the accused should be reflected in the CD file as
well as in the General Diary. The said exercise shall be done by the
Investigating Officer at once or twice during the daytime. Once the
purpose of the interrogation is over, the accused shall be sent out
from the police station without any further delay;
[g] On compliance of the above conditions for appearance of
the accused all the conditions referred above shall stand relaxed;
[h] the petitioner shall not tamper with the evidence or witness
either during investigation or trial;
[i] the petitioner shall not abscond either during investigation
or trial;
[j] On breach of any of the aforesaid conditions, the learned
Magistrate / Trial Court is entitled to take appropriate action against
the petitioner in accordance with law as if the conditions have been
imposed and the petitioner is 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].
9 . In view of the above, this Anticipatory Bail application
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CRL OP(MD) No. 24122 of 2026
is ordered .
23-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Nsr
To:
1.Judicial Magistrate No.I, Padmanabhapuram.
2. The Inspector Of Police,
Thuckalay Police Station,
Kanniyakumari District.
(Crime No.362 of 2026)
3.The District Mineral Foundation Trust, Kanyakumari District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CRL OP(MD) No. 24122 of 2026
DR.P.MURUGAN, J.
Nsr
CRL OP(MD) No. 24122 of 2026
23-10-2026
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