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Judgment
The petitioners, apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Section 303(2) of BNS r/w 4A(1) and 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.13 of 2026 on the file of the respondent Police, has approached this Court seeking anticipatory bail.
The case of the prosecution is that, based on secret information that gravel sand was being illegally transported without permission, the Revenue officials visited the place of occurrence on 26.05.2026 and conducted an inspection. During the inspection, they found gravel sand being transported without obtaining the requisite permission. Hence, the complaint.
The learned counsel for the petitioner submitted that the petitioner is innocent, has been falsely implicated in this case and has not committed any offence as alleged by the prosecution. However, it is the case of the petitioner that he is a valid quarry licence holder in respect of his patta land and that the only allegation against him is that he had carried out quarrying operations in an area beyond the permitted leasehold area. The learned counsel for the petitioner has also produced the order dated 27.08.2026, whereby the co-accused was granted anticipatory bail by the learned Principal District and Sessions Judge, Coimbatore, in respect of the same quarrying activities. Hence, the petitioner claims parity with the said co-accused. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.
The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner.
I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.
Considering the nature of the disputes and the fact that, in respect of the same allegations, the Sub-Collector has issued a summons dated 17.08.2026, calling the petitioners and others for an enquiry into the subject matter, and taking into consideration of the overall facts and circumstances of the case, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions:-
Anticipatory bail is granted to the petitioner in the respective petitions.
The petitioner in the respective petitions shall execute bond for Rs.10,000/- each in the event of their arrest or the petitioner in the respective petitions shall surrender before the Judicial Magistrate No.6, Coimbaote and execute bond of Rs.10,000/- each within 15 days from the date of this order, failing which the anticipatory bail granted to the petitioner in the respective petitions shall stand automatically cancelled.
The petitioner in the respective petitions shall produce two sureties for likesum each to the value of Rs.10,000/- each to the satisfaction of the Judicial Magistrate No.6, Coimbatore within 15 days from the date of this order, failing which the anticipatory bail granted to the petitioners in the respective petitions shall stand automatically cancelled.
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 their identity.
The petitioners in the respective petitions is directed to pay a sum of Rs.1,00,000/- each [Rupees One Lakh each] to the Coimbatore District Minerals Foundation Trust, Collector Office, Coimbatore and the receipt of such payment shall be produced before the concerned Magistrate at the time of producing sureties.
The petitioners in the respective petitions is directed to sign before the respondent police, daily at 10.00a.m., until further orders.
The petitioners in the respective petitions shall not abscond either during investigation or trial.
The petitioners in the respective petitions shall not tamper with evidence or witness either during investigation or trial.
On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];
If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.