← Library
Madras High CourtCRL OP/26225/2025dismissed

Sankar v. The Inspector Of Police,

2025-09-24Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM

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

The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

... Respondent (Cr.No.473 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.473 of 2025 on the file of the respondent police. For Petitioner : Mr.Saravana Perumal 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) of BNS Act, 2023 r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.473 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that he illegally quarrying 1/4

huge quantity of pebbles stones in private land belongs to the defacto complainant. Hence, the case has been registered.

3. The learned counsel for the petitioner submitted that there is an oral agreement between the defacto complainant and the petitioner and on that strength, he taking the stones. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that investigation in this case is still pending and he is also having four previous cases. Hence, he oppose to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Crl.Side) and since the learned counsel for the petitioner stated that there is an oral agreement between the petitioner and the defacto complainant, he is not able to establish any document to show the proof of the same more particularly, quarrying the minerals from the concerned land, this Court is not inclined to grant anticipatory bail to the petitioner.

2/4

6. Accordingly, this Criminal Original Petition stands dismissed. 24.09.2025 ssi To 1.The Judicial Magistrate-I, Ulundurpet.

2.The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

ssi 3/4

24.09.2025 4/4