Vijayan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN Vijayan ... Petitioner/ Accused No.4 Vs.

The State Represented by, The Sub-Inspector of Police, Gummudipoondi Police Station, Tiruvallur District.

(Crime No.192 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.192 of 2025 on the file of respondent Police.

For Petitioner(s) : Mr. T. Muruganantham For Respondent : Mr. S. Vinoth Kumar Government Advocate (Crl.Side) ****** 1/4

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) and 326(a) of BNS and 21(1) of MM(D&R) Act in Crime No.192 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that while the respondent police were conducting vehicle check duty, they found that the accused persons were involved in illegal transportation of river sand without any valid permit and upon investigation, it is revealed that the petitioner's tipper lorry bearing Registration No.TN-18-BQ-4505 has been used for the said offence. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he was not present at the scene of occurrence and he has been falsely implicated in this case. He further submitted that the petitioner had leased out his Tipper lorry to A3 namely Karthick and without the petitioner's knowledge, A3 used his vehicle and committed the offence. He further submitted that the petitioner is ready to abide by any conditions that 2/4

may be imposed by this Court and sought for anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner, reiterated the prosecution case and submitted that total quantity of river sand involved in this case is 10 units and the petitioner herein is arrayed as A4 in this case and he is the owner of the vehicle, which has been used for committing the offence and he has one previous case.

5. Heard both sides and perused the materials available on record.

6. Considering the facts of the case and taking note of the quantum of river sand involved in this case, which is being huge quantity, this Court is not inclined to grant anticipatory bail to the petitioner. Dr. G. JAYACHANDRAN, J., stn 3/4

7. Accordingly, this criminal original petition stands dismissed. 21.08.2025 stn To

1. The Sub-Inspector of Police, Gummudipoondi Police Station, Tiruvallur District.

(Crime No.192 of 2025).

2. The Public Prosecutor, High Court of Madras.

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