M.Vijayakumar v. State Rep. By Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP No.2021 of 2026 M.Vijayakumar S/o.Murugan ... Petitioner/ Accused Vs The State Rep. By, The Sub Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.

(Crime No. 408 of 2025) ... 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.408 of 2025 on the file of the respondent police.

For Petitioner : Mr. Ramesh T K 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), 326 of BNS Act, 2023, and r/w 21(5) Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.408 of 2025 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 half unit of river sand from Cheyyar and hence, this case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and transported sand for the purpose of laying foundation for the construction work he was in possession of the sand and on the presumption that the petitioner might involved in illegal quarrying he was arrested in this case and has not involved in the offence alleged and is ready to co-operate 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 illegally transported the sand from Cheyyar and the vehicle was also seized nearby the river; and it is not a false accusation, there is no material to substantiate the same.

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5.

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

6.

Considering the facts and circumstances of this case, gravity of offence, nature and quantity involved in this case and considering the fact that huge quantity of the river sand has been transported by the petitioner, and cause damage to river bed and ecology, this Court is not inclined to grant anticipatory bail to the petitioner.

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Accordingly, this criminal original petition stands dismissed. 29.01.2026 ssa To

1. The Sub Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.

(Crime No. 408 of 2025)

2. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

ssa Crl.O.P. No.2021 of 2026 29.01.2026 4/4