Authority: Madras High Court, Madurai Bench

Order Date: 23-10-2026

Case Overview

  • Petitioner: Kathiresan S/o Ramesh, residing at No.1/14, North Street, Karukudi, Achchudanvayal, Ramanathapuram District.
  • Respondent: The State of Tamilnadu represented by the Inspector of Police, Bazaar Police Station, Ramanathapuram District (Crime No. 392 of 2026).
  • The petition is filed under Section 483 of the BNSS, 2023 seeking bail for offences punishable under Section 303(2) of the BNS Act read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957.
  • The petitioner was arrested and remanded to judicial custody on 11-10-2026.
  • Prosecution alleges that the petitioner, along with two other accused, illegally transported four units of river sand.
  • Counsel for the petitioner claims innocence, cites anticipatory bail granted to co‑accused, and expresses willingness to deposit any amount imposed by the Court.
  • Government Advocate for the respondent confirms the allegation of illegal transport of four units of river sand, notes petitioner has no prior criminal record and no similar cases.

Final Outcome

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

1. Execution of a bail bond for Rs.10,000 (Rupees Ten Thousand only) with two sureties each for the same amount, subject to satisfaction of Judicial Magistrate No.I, Ramanathapuram District.

2. Deposit of Rs.30,000 (Rupees Thirty Thousand only) to the credit of the District Mineral Foundation Trust, Ramanathapuram District; the amount is non‑refundable and must be shown via receipt before surety execution.

3. Photographs and left thumb impressions of petitioner and sureties to be affixed on the bond; Magistrate may verify identity through Aadhaar card or bank passbook.

4. Appearance before Judicial Magistrate No.I, Ramanathapuram District within 15 working days at 10.30 am, followed by weekly appearances every Wednesday at 10.30 am for ten weeks.

5. If unable to appear, counsel may file an accused‑absence petition under Section 355 of BNSS for Court consideration.

6. Failure to appear or file an absence petition will result in issuance of a Non‑Bailable Warrant and commitment to custody.

7. If the accused absconds thereafter, a fresh FIR will be registered under Section 269 BNS, 2023.

8. Should the investigating agency require the accused’s presence, a summons will be issued post‑bail bond execution; interrogation must not constitute harassment, must be recorded in CD file and General Diary, and limited to one or two daytime sessions.

9. Upon compliance with appearance conditions, the above conditions may be relaxed.

10. The petitioner is prohibited from tampering with evidence or witnesses during investigation or trial.

11. The petitioner must not abscond during investigation or trial.

12. Breach of any condition empowers the learned Magistrate/Trial Court to take appropriate action as per law, referencing Supreme Court precedent P.K. Shaji vs. State of Kerala [(2005) AIR SCW 5560].

Order Issued By: Dr. P. Murugan, J.

Distribution: Judicial Magistrate No.I, Ramanathapuram District; Superintendent, District Jail, Ramanathapuram; Inspector of Police, Bazaar Police Station, Ramanathapuram; Additional Public Prosecutor, Madurai Bench of Madras High Court.

Topics: Criminal Bail, River Sand Smuggling