Authority: High Court of Judicature at Madras

Order Date: 19-08-2026

Case Overview

  • Parties: Petitioner – Nagarajan, S/o Krishnamoorthy, residing at No.206, Road Street, Vinnamangalam Village, Arni Taluk, Tiruvannamalai District (represented by M/s. Sathiyaraj E.). Respondent – The State represented by The Inspector of Police, Peranamallur Police Station, Tiruvannamalai District (Government Advocate: Mr. M. M. I. Khaleel).
  • Nature of Proceeding: Criminal Original Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking enlargement of bail in Crime No.110 of 2026.
  • Allegations: The petitioner, acting as driver of a lorry bearing Registration No. TN-30-CF-8806, allegedly transported two units of river sand without a valid permit or licence, violating Sections 303(2) and 326(a) of the BNS Act and Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957. The sand was seized by the police.
  • Petitioner’s Submission: Claims innocence, asserts false implication, and expresses willingness to comply with any conditions.
  • Respondent’s Submission: Reiterates the prosecution case, notes no prior cases against the petitioner, and opposes bail.
  • Court’s Consideration: Acknowledged the gravity of theft and exploitation of natural resources, the period of incarceration since 01.08.2026, and the prospect of reform.

Final Outcome

  • The petitioner is released on bail upon execution of a bond of Rs.25,000/- with two sureties, to the satisfaction of the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District.
  • Additional conditions imposed:
  • (a) Sureties must affix photographs and left thumb impressions on Application for Suretyship (Judicial Form No.46) and provide identity proof.
  • (b) Petitioner must produce a non‑refundable demand draft of Rs.90,000/- in favour of The Chairman/District Collector, The District Mineral Foundation Trust of Tiruvannamalai District before the Judicial Magistrate.
  • (c) Upon receipt, the District Collector shall realise and utilise the amount as per G.O. Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025.
  • (d) Petitioner must report daily to the respondent police at 10:30 am for four weeks.
  • (e) Petitioner shall not abscond during investigation or trial.
  • (f) Petitioner shall not tamper with evidence or witnesses.
  • (g) Breach of any condition empowers the Magistrate/Trial Court to pass appropriate orders, referencing Supreme Court precedent P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
  • (h) If the accused absconds thereafter, a fresh FIR may be registered under Section 269 of the B.N.S.
  • The order is dated 19-08-2026 and signed by Justice N. Ramesh.
  • Directions for Publication: Registry to upload the order on the Court’s official website immediately; the uploaded order will be watermarked and contain a QR code. All concerned parties must act on the online version without demanding certified hard copies.
  • Notices to: Judicial Magistrate, Cheyyar; Inspector of Police, Peranamallur Police Station; Superintendent, Central Prison, Vellore; Public Prosecutor, High Court, Madras.

Topics: Court Proceedings, Natural Resource Violation