The court exercises discretion to grant anticipatory bail in cases of alleged illegal sand transportation, subject to specific conditions including financial sureties and reporting requirements, ensuring the accused remains available for investigation and trial.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/05/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY Dhanabalan ... Petitioner Vs The State of Tamilnadu Rep.By, The Inspector of Police, Kalaiyarkovil Police Station,Sivagangai District (In Cr.No.163 of 2026). ... Respondent PRAYER :-

For Anticipatory Bail in Crime No.163 of 2026 on the file of the respondent police For Petitioner : Mr. Balamuruganantham R, Advocate.

For Respondent : Mr.E. Antony Sahaya Prabahra, Additional Public Prosecutor ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) BNS, 2023 and Section 21(4) of MMDR Act, 1959 in Crime No.163 of

2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein is said to have illegally transported 6 units of gravel sand by using a Taurus Lorry.

Hence, the complaint.

3. The learned Additional Public Prosecutor submits that the petitioner herein is owner of the vehicle and the investigation of the case is pending.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the petitioner is owner of the vehicle, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall 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 Judicial Magistrate No.I, Sivagangai, within a period of fifteen days from the date on which the order copy is made ready 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 Aadhar card or Bank pass Book to ensure heir identity;

[b] the petitioner is directed to deposit a sum of Rs.

1,000/- (Rupees One Thousand only) to the credit of District Siddha Medical Officer CCRIPKM (Account No:-10767823177, IFSC Code:- SBIN0000898, State Bank of India, Periyakulam Branch), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;

(c) the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial;

(f) 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 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] and;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.