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Judgment
The petitioner, apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Sections 303(2) of BNS r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.419 of 2026 on the file of the respondent Police, has approached this Court seeking anticipatory bail.
The allegation against the petitioner is that based on the secret information, on 14.08.2025, when the respondent Police conducted an inspection, they found the petitioner illegally transporting 5 units of gavel (savadu soil) in a Tipper Lorry bearing Registration No.TN-45-AV-7029, without a valid transit permit. 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. 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.
From the submission made by the learned Government Advocate (Crl.Side) and the learned counsel for the petitioner, though, this Court views the offence of theft of natural resources and its exploitation as serious offence, and upon the fond hope that he would mend himself in future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge them on anticipatory bail, subject to certain conditions.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.1, Ponneri, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
The petitioner is directed to produce a demand draft for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Tiruvallur District’, (Non refundable) before the learned Judicial Magistrate No.1, Ponneri;
On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector. Upon receipt of the said amount, the District Collector shall realize and utilize the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025;
The petitioner shall report before the respondent police daily at 10:30 A.M., for a period of four (4) weeks and thereafter as and when required for interrogation;
On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.