Madras HC Grants Anticipatory Bail To Red-Sand Transport Accused, Subject To ₹5,000 Payment To Mineral Trust

In brief

The question

Whether the petitioner should be granted anticipatory bail in connection with Crime No. 362 of 2026.

The court held

The anticipatory-bail petition was allowed.

It also directed

Upon payment of ₹5,000 and production of the receipt or acknowledgment, the petitioner was ordered to be released on bail in the event of arrest, or on appearance within 15 days, on executing a bond of ₹10,000 with two sureties for like sums.

Conditions included specified court appearances, non-tampering with evidence or witnesses, and not absconding; the order also provided for interrogation by summons and consequences for breach of conditions.

01Facts

The petitioner sought anticipatory bail in Crime No. 362 of 2026, registered by Thuckalay Police for alleged offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957.

p. 2 · ¶ 2–3

The prosecution alleged that, on 25 July 2026, police on patrol saw the petitioner illegally transporting one unit of red sand in a tempo.

p. 2 · ¶ 2–3

The petitioner claimed false implication and stated that, without prejudice to his rights, he was willing to pay an amount imposed by the Court.

p. 2 · ¶ 4

The State submitted that the petitioner had illegally transported the red sand.

p. 3 · ¶ 5

02Issues

i.Whether the petitioner should be granted anticipatory bail in connection with Crime No. 362 of 2026.

pp. 2–3 · ¶ 2–6

ii.Whether anticipatory bail should be subject to payment and other conditions.

pp. 3–5 · ¶ 6–8

03Law Applied

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) provides for anticipatory bail.

p. 1, prayer

The alleged offences were under Section 303(2) BNS and Section 21(1) of the MMDR Act.

p. 2 · ¶ 2

The Court also referred to P.K. Shaji v. State of Kerala, [(2005) AIR SCW 5560], for the proposition that the Magistrate or Trial Court may take appropriate action for breach of bail conditions as if it had itself imposed those conditions.

p. 5 · ¶ 8(j)

Provisions in the judgment · 6 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482 Section 355

Bharatiya Nyaya Sanhita, 2023 Section 303 Section 269

Indian Penal Code, 1860 Section 379

Mines and Minerals (Development and Regulation) Act, 1957 Section 21

04Reasoning

The Court considered the prosecution’s allegation of illegal red-sand transport, the nature of the charges, and the petitioner’s willingness to pay an amount without prejudice to his rights.

pp. 2–3 · ¶ 4–7

On that basis, it found it appropriate to grant anticipatory bail subject to conditions, including payment of ₹5,000 to the District Mineral Foundation Trust, Kanyakumari District, and production of the receipt or acknowledgment before the Magistrate.

pp. 2–3 · ¶ 4–7

The Court did not give further reasons assessing the merits of the accusation.

p. 3 · ¶ 6