M.Babu v. State Rep By Its, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25705 of 2025 M.Babu ... Petitioner Vs.

State rep by its Inspector of Police, E5 - Sholavaram Police Station Thiruvallur District.

... Respondent (Cr.No.507 of 2025) 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 Cr.No.507 of 2025 on the file of the respondent police. For Petitioner : Mr.S.Vimal Kumar For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offence under Section 303(2), 238(c), 326(b) of BNS, 2023 (I/s.378, 201, 431 of IPC) read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.507 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the petitioner has stolen sand from the defacto complainant's land without any prior permission and permit. Hence, the case has been registered.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. He also submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that this is a second anticipatory bail application and there is no change of circumstances in this case. He further submits that the petitioner has stolen sand from the defacto complainant's land without any prior permission and permit. Hence, he opposed to grant anticipatory bail to the petitioner.

6. Considering the above facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Criminal Side), considering the fact that this is a second anticipatory bail application and there is no change of circumstances in this case, this Court is not inclined to grant anticipatory bail to the petitioner. 2/4

7. Accordingly, this Criminal Original Petition stands dismissed. 18.09.2025 ssi To 1.The Judicial Magistrate No.II, Ponneri.

2.The Inspector of Police, E5 - Sholavaram Police Station Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

ssi Crl.O.P.No.25705 of 2025 18.09.2025 4/4