Kumar v. State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP No.1150 of 2026 Kumar S/o.Ayyakannu ... Petitioner/ Accused -1 Vs The State Rep. By, The Inspector of Police, Kalamaruthur Police Station, Kallakurichi District.

(Crime No. 5 of 2026) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.5 of 2026 on the file of the respondent police.

For Petitioner : Mr. G.Saravanabhavan For Respondent : M/s.J.R.Archana Government Advocate (Crl.Side) ******

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS Act, 2023, r/w 21(1) Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.5 of 2026 on the file of the respondent Police, seeks anticipatory bail.

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2.

The allegation against this petitioner is that, the petitioner joined hands with the other accused and involved in illegal quarrying and transportation of 1⁄2 unit of sand, using bullock cart from Perambatu river in Kallakurichi District and hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and is ready to cooperate with the investigation and also ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that the petitioner along with the co-accused involved in illegal quarrying and transportation of 1⁄2 unit of sand, using bullock cart from Perambatu river in Kallakurichi District and the investigation is pending.

5.

Considering the submissions made on both sides and perused the materials available on record.

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6.

Considering the facts and circumstances of this case, gravity of offence, nature and quantity involved in this case and the fact that it is the case of illegal sand quarrying which is the lifeline for the Kallakurichi District and they not only involved in illegal quarry but also damaged the water body which affects the ecosystem. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. 7.

Accordingly, this criminal original petition stands dismissed. 21.01.2026 ssa To

1. The Judicial Magistrate No.2, Ulundurpettai.

2. The Inspector of Police, Kalamaruthur Police Station, Kallakurichi District.

(Crime No. 5 of 2026)

3. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

ssa Crl.O.P. No.1150 of 2026 21.01.2026 4/4