Authority: Madurai Bench of Madras High Court (Criminal Jurisdiction)

Order Date: 31.08.2026

Case Overview

  • Petitioner/Accused: Madhan Kumar (CRL OP(MD). No.18895 of 2026)
  • Respondent/Complainant: State represented by Inspector of Police, Papanasam Police Station, Thanjavur District (Crime No.341 of 2026)
  • Legal Provisions: Section 303(2) of the B.N.S. r/w Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957.
  • Allegation: On 17.08.2026, the petitioner illegally transported ¼ unit of river sand.
  • Prior History: The State counsel indicated the petitioner has one previous similar case.
  • Counsel for Petitioner: Mr. R.L. Dhilipan Pandian (Advocate).
  • Counsel for Respondent: Mr. N. Balasubramanian (Counsel for State of Tamil Nadu, Criminal Side).

Final Outcome

  • The Court, considering the nature of the charges and the petitioner’s custody since 17.08.2026, grants bail with the following conditions:

1. Bond: Execution of a bond for Rs.25,000 (Rupees Twenty Five Thousand only) with two sureties each for the same amount, satisfactory to the learned District Munsif cum Judicial Magistrate, Papanasam.

2. Surety Verification: Sureties must affix photographs and left thumb impressions; the Magistrate may obtain Aadhaar card or bank passbook copies for identity verification.

3. Deposit to Trust: Petitioner must deposit Rs.5,000 (Rupees Five Thousand only) to the District Mineral Foundation Trust, Thanjavur District, before the trial court; receipt of this amount is required for execution of sureties.

4. Undertaking Affidavit: Petitioner must file an undertaking affidavit affirming he will not indulge in any similar offence in the future, to be submitted to the concerned Judicial Magistrate.

5. Police Reporting: Petitioner must report daily before the respondent police at 10:30 a.m. for a period of thirty (30) days and thereafter as required for interrogation.

6. Non‑Tampering: Petitioner shall not tamper with evidence or witnesses during investigation or trial.

7. Non‑Absconding: Petitioner shall not abscond during investigation or trial.

8. Breach Consequences: On breach of any condition, the learned Magistrate/Trial Court may take appropriate action as per law, following the precedent set by the Supreme Court in P.K. Shaji vs. State of Kerala [(2005) AIR SCW 5560].

9. Fresh FIR Provision: If the accused absconds, a fresh FIR may be registered under Section 269 BNS, 2023.

  • Directions to Authorities: The order is communicated to the Superintendent, District Jail, Thanjavur; the District Munsif cum Judicial Magistrate, Papanasam; the District Mineral Foundation Trust, Thanjavur District; the Inspector of Police, Papanasam Police Station; and the Additional Public Prosecutor, Madurai Bench of Madras High Court.

Topics: Legal Bail, Mining Regulation