Shanmugam v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Shanmugam ... Petitioner Vs.

State Rep. By Inspector of Police, Gangavalli Police Station, Salem.

... Respondent (Cr.No.163 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 arrest in Cr.No.163 of 2025 on the file of the respondent police. For Petitioner :

Mr.V.G.Nishok For Respondent :

Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence under Section 303(1), 62 of BNS Act, 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.163 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner along with 1/4

others illegally quarrying the sand from the lake by using a Tipper lorry, after seeing the police officials they escaped from the scene of occurrence. Hence the case.

3. The learned counsel for the petitioner submitted that earlier bail application was dismissed on the ground that the petitioner was involved in taking sand from the river but the fact that the petitioner attempted to take sand from lake. He further submitted that he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that reported that investigation in this case is still pending and no previous bad antecedents registered against him. However, he oppose to grant anticipatory bail to the petitioner.

5. Though, it is stated that the petitioner is not having any previous bad antecedents since the petitioner attempted to take the river sand by using lorry causing damage to the ecology and water body, this Court is not inclined to grant anticipatory bail to the petitioner.

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6. Accordingly, this Criminal Original Petition stands dismissed. 09.10.2025 ssi To 1.The Inspector of Police, Gangavalli Police Station, Salem.

2.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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