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Madras High CourtCRL OP/3602/2026dismissed

Balakrishanan v. State Rep.By, The Station House Officer

2026-02-17Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR 1.Balakrishnan 2.Silambarasan ... Petitioners Vs.

State rep. by Station House Officer, Vikravandi Police Station, Vikravandi, Villupuram District.

... Respondent (Crime No.12 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest pending investigation in Crime No.12 of 2026 on the file of the respondent police.

For Petitioners : Mr.K.Vijayaragavan For Respondent : Ms.J.R.Archana, Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offence under Section 303(2) of BNS and Sec.21(1) of Mines and Minerals (Development & Regulations) Act, 1957 in Crime No.12 of 2026, on the file of the respondent police, seek anticipatory bail. 1/4

2. The allegation against the petitioners is that the petitioners illegally quarrying 3 units of gravel sand from the Village lake in a Tipper Lorry. Hence, a case has been registered.

3. This Court has dismissed the earlier anticipatory bail petition of the petitioner in Crl.O.P.No.1289 of 2026 on 22.01.2026 for the following reasons:

5. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); and though it is reported that no previous bad antecedents have been registered against the petitioners, the petitioners have illegally quarried the lake sand from the Village and this Court is not inclined to entertain the same. Since the petitioners caused damage to the ecology and water body, this Court is not inclined to grant anticipatory bail to the petitioners..

4. Now, the present petition has been filed without any change in circumstances after the dismissal of the petitioner's earlier anticipatory bail 2/4

petition. This clearly shows that the petitioner has abused the process of law. Hence, I am not inclined to reconsider the earlier order passed by this Court in Crl.O.P.No.1289 of 2026 on 22.01.2026

5. Accordingly, this Criminal Original Petition is dismissed. 17.02.2026 smn To 1.The Station House Officer, Vikravandi Police Station, Vikravandi, Villupuram District.

2.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

smn 17.02.2026 4/4