Kirubakaran v. State Rep.By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM

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

The State Rep. By, The Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District.

Crime No.382 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.382 of 2025 on the file of the respondent police. For Petitioners :

Mr.G.Vinodhkumar For Respondent :

Mr.A.Gopinath Government Advocate (Criminal Side) 1/4

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.09.2025, for the offence punishable under Sections 303(2), 326(a) of BNS, 2023 r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.382 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused had illegally transported the river sand to the tune of 25 kgs in a two wheeler. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court hence, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail, reiterating the prosecution case and submitted that the petitioner has 7 previous cases.

5. Heard the learned counsels on either side and perused the materials 2/4

available on record.

6. Considering the gravity of the offence, the fact that the quantity and place where the river sand was illegally quarried and taking into account of bad antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this criminal original petition stands dismissed. 06.10.2025 cda To 1.The Judicial Magistrate, Gudiyatham.

2.The Inspector of Police, Gudiyatham Town Police Station, Gudiyatham, Vellore District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

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