Kankan v. The State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Kankan ... Petitioner(s) Vs.

The State rep. by the Special Sub-Inspector of Police, Cheyyar Police Station, Tiruvannamalai District.

... Respondent(s) Crime No.188 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.188 of 2026 pending on the file of the respondent police.

For Petitioner(s) : Mr.A.Anbharasu For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.06.2026 for the alleged offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, and subsequently altered to Sections 303(2) and 326(a) of the Bharatiya Nyaya Sanhita, 2023 read with Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.188 of 2026 on the file of the respondent police, seeks bail. 1/6

2. The allegation against the petitioner is that he was involved in the illegal transportation of 6 bags of river sand in a two wheeler without any valid permit or licence and was caught red-handed by the respondent police. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 12.06.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the petitioner has no bad antecedents and that a major portion of the investigation has already been completed.

5. Considering the above facts and circumstances, the period of incarceration undergone by the petitioner, the fact that the petitioner has no bad antecedents, and also the fact that a major portion of the investigation has 2/6

already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Cheyyar, Tiruvannamalai District and subject to the following conditions:

[a] 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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, 3/6

as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

03.07.2026 skr Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. 4/6

To

1. The learned Judicial Magistrate Court, Cheyyar, Tiruvannamalai District

2. The Superintendent, Central Jail for Men, Vellore District.

3. The Special Sub-Inspector of Police, Cheyyar Police Station, Tiruvannamalai

4. The Public Prosecutor, High Court of Madras 5/6

C.KUMARAPPAN,J.

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