Ponnusamy vs State Of Tamilnadu Rep By In

Court
Madras High Court

CRL OP(MD) No. 24106 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. 24106 of 2026
CNR:{HCMD011528222026}
1. Ponnusamy
2. Praveen
..Petitioners
Vs
State Of Tamilnadu
Rep By Inspector Of Police,
Chinnamanur Police Station,
Theni District.
Crime No. 546/2026.
..Respondent
PRAYER: PETITION FOR ANTICIPATORY BAIL Under Section
482 of B.N.S.S.
To enlarge the petitioners on bail in the event of their arrest in
connection with Crime No.546 of 2026 on the file of the respondent
police.
For Petitioners: Mr.Rajiv Gandhi
For Respondent: Mr.I.Murugesan
Counsel for State of Tamil Nadu
Criminal Side
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CRL OP(MD) No. 24106 of 2026
ORDER
For Anticipatory Bail in Crime No.546 of 2026 on the file of
the Respondent police.
2. The petitioners/Accused 1 & 2, who apprehend arrest at the
hands of the respondent police for the offences punishable under
Section 303(2) BNS (379 of IPC) and Section 21(4) of Mines and
Minerals (Development and Regulation) Act, 1957, in Crime No.546
of 2026, on the file of the respondent police, seeks anticipatory bail.
3. The case of the prosecution is that, on 14.10.2026, at
about 1.00 a.m, while the complainant was on routine patrol duty, he
noticed the accused persons illegally transported 3 units gravel sand
from Nayakar Kanmai using a Tipper Lorry and JCB. Hence, the
complaint.
4. The learned counsel appearing for the petitioners would
submit that the petitioners are innocents and they have been falsely
implicated in this case. However, he would further submit that the
petitioners, without prejudice to their right, are ready to deposit the
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CRL OP(MD) No. 24106 of 2026
amount that may be imposed by this Court.
5. The learned Government Advocate (Criminal Side)
appearing for the respondent police would submit that the accused
have transported 3 units of gravel sand illegally.
6. Considering the above and also the nature of the charges
levelled against the petitioners, this Court is inclined to grant
anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners shall deposit a sum of
Rs.7,500/- (Rupees Seven Thousand Five Hundred only) each to
the credit of the District Mineral Foundation Trust, Theni District,
without prejudice to their rights and contentions before the trial
Court and produce the receipt / acknowledgment before the learned
Judicial Magistrate, Uthamapalayam, Theni District.
8. On production of such receipt/ acknowledgment, 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
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CRL OP(MD) No. 24106 of 2026
receipt of a copy of this order, before the learned Judicial
Magistrate, Uthamapalayam, Theni District, on condition that the
petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees
Twenty Five Thousand only) each with two sureties each for a like
sum to the satisfaction of the learned Magistrate concerned 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 Aadhaar card or bank pass book to ensure their
identity;
[b] On execution of the sureties, the accused are directed to
appear before the Judicial Magistrate Court, Uthamapalayam, Theni
District 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;
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CRL OP(MD) No. 24106 of 2026
[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
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 petitioners shall not tamper with the evidence or
witness either during investigation or trial;
[i] the petitioners 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].
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CRL OP(MD) No. 24106 of 2026
9 . In view of the above, this Anticipatory Bail application
is ordered .
23-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Nsr
To:
1.Judicial Magistrate Court, Uthamapalayam,
Theni District.
2. Inspector Of Police,
Chinnamanur Police Station,
Theni District.
Crime No. 546/2026.
3.The District Mineral Foundation Trust,
Theni District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CRL OP(MD) No. 24106 of 2026
DR.P.MURUGAN, J.
Nsr
CRL OP(MD) No. 24106 of 2026
23-10-2026
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