Chelladurai And Others vs State Of Tamilnadu

P. Dhanabal, J

The petitioners / Accused, who were arrested and remanded to judicial custody on 27.05.2026 for the offences punishable under Section 303(2) of BNS, 2023 r/w 4(1)(1A), 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and 192(1) of the Motor Vehicles Act, 1988, in Crime No.337 of 2026 on the file of the respondent police, seek bail.

The case of the prosecution is that on 27.05.2026, on secret information, the respondent police conducted raid at Kumananthurai Kavery River, Thiruvidaimaruthur Taluk, and intercepted a Tractor bearing Reg.No.TN-68-B-5887 and found that the petitioners illegally transported 1 unit of clay sand without any valid permission. Hence, the case.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that they have been arrested and remanded to judicial custody on 27.05.2026. Therefore, prayed to grant bail for the petitioners.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners illegally transported 1 unit of clay sand and the investigation is still pending. Hence, he strongly opposed to grant bail to the petitioners.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and the quantity of minerals involved in this case and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvidaimaruthur, and on further conditions that:

[b] the petitioners shall report before the respondent police every Saturday at 10.30 a.m., for a period of 4 weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners CRL OP(MD). No.10629 of 2026 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.