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Madras High Court/528/2026dismissed

P .Dhanasekar v. The State By Inspector Of Police

2026-01-12Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.528 of 2026 P.Dhanasekar ... Petitioner Vs.

State Rep by The Inspector of Police, Jalakandapuram Police Station, Salem District ... Respondent (Crime No.357 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of his arrest in connection with the Crime No.357 of 2025 on the file of the respondent police. For Petitioners : Mr.A. Saravanan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 303 (2) & 62 of BNS Act, 2023 in Crime No.357 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner had attempted to take sand in a tipper lorry and without any valid license. On seeing the officials, the petitioner has escaped from the scene of occurrence. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he has only attempted to take sand and not committed the alleged offence and he is ready to abide by any condition imposed by this court. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police reiterated the prosecution case and submitted that the petitioner had involved in illegal extract of rough sand without any valid license from the Government poramboke land and on seeing the Government Officials, the petitioner ran away from the scene of occurrence and hence, he opposed to grant anticipatory bail to the petitioner . 2/4

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the nature of offence committed by this petitioner and that this petitioner had attempted in quarrying the sand illegally from the Government poramboke land of S.No.68/1 Avadathur Village and on seeing the Government Officials, this petitioner stopped the tipper lorry and ran away from the place and thus he not only involved in quarrying the sand but also in damaging the environment and ecology and if this petitioner is granted anticipatory bail, he will involve in similar activities and hence this Court is not inclined to grant anticipatory bail to this petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 12.01.2026 3/4

K.RAJASEKAR.,J gv To:

1. The Inspector of Police, Jalakandapuram Police Station, Salem District 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.No.528 of 2026 12.01.2026 4/4