Authority: High Court of Judicature at Madras

Order Date: 23-10-2026

Case Overview

  • Petitioner: Dhasarathan (Criminal Original Petition No.30944 of 2026)
  • Respondent: State represented by Inspector of Police, Pallikoda Police Station, Vellore District (Crime No.208 of 2026)
  • Charges: Offences punishable under Sections 303(2) & 326(a) of the Bharatiya Nagarik Suraksha Sanhita (BNS) read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957.
  • Allegation: Petitioner, along with two other accused, allegedly transported four units of river sand in a tipper lorry without any valid permit or licence.
  • Arrest & Custody: Petitioner was arrested and placed in judicial custody on 09-10-2026.
  • Prosecution Position: Seeks denial of bail, citing the nature of the offence.
  • Petitioner's Counsel (Mr. D. Thirumoorthy): Claims innocence, asserts vehicle has been seized, no prior case, and requests bail after over a week in custody.
  • Additional Public Prosecutor (Mrs. R.S. Indira): Opposes bail, reiterates no prior case but emphasizes seriousness of the offence.
  • Court Observations: Vehicle seized, quantity involved is four units of river sand, petitioner has no prior criminal record, and the investigation is at an early stage.

Final Outcome

  • The Court grants bail to the petitioner with the following stringent conditions:

1. Execution of a bond for Rs.25,000 (Rupees Twenty‑Five Thousand only) with two sureties of equal amount, to be approved by Judicial Magistrate No.V, Vellore.

2. Sureties must affix petitioner’s photograph and left thumb impression on the Suretyship Application (Judicial Form No.46) and provide one identity proof for verification.

3. Petitioner must report daily before the respondent police at 10:30 a.m. until further orders.

4. Petitioner must produce a non‑refundable Demand Draft of Rs.50,000 (Rupees Fifty Thousand only) in favour of the Chairman/District Collector, District Mineral Foundation Trust, Vellore District, before the same Magistrate.

5. Upon receipt, the District Collector shall realize and utilize the amount as per G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16‑12‑2025.

6. Petitioner must not abscond during investigation or trial.

7. Petitioner must not tamper with evidence or witnesses.

8. Breach of any condition empowers the Magistrate/Trial Court to pass appropriate orders, following the precedent set in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

9. If the accused absconds, a fresh FIR may be registered under Section 269 of BNS.

  • The Registry is directed to upload this order on the official website of the Court immediately, with watermark and QR code, and all concerned are to act on the uploaded version without demanding certified hard copies.

Topics: Legal Bail, Illegal Sand Mining