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Madras High CourtCRL OP/27550/2025dismissed

Arunkumar v. State Rep By The Inspector Of Police,

2025-10-08Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.27550 of 2025

1. Arunkumar

2. James ... Petitioners Vs.

State Rep by The Inspector of Police Viruthampet Police Station Viruthampet, Vellore District Crime No.66 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.66 of 2025 on the file of Inspector of Police, Viruthampet Police Station, Viruthampet, Vellore District.

For Petitioners : M/s.G.Vinodhkumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 16.09.2025,for the offences punishable under Sections 303(2), 326(a) of BNS Act, 2023 in Crime No. 66 of 2025, on the file of the respondent police, seek bail.

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2. The allegation against the petitioners is that on 01.05.2025, at about 5.30 hrs, these petitioners have illegally transported 3 bags of river sand each containing 25 kgs from pallar river in a two wheeler and they got red handed by the respondent police. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He submits that petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing for grant of bail to the petitioners, reiterated the prosecution case and reported that the petitioners are habitual offenders. He submits that the 1st petitioner is having 14 previous cases pending out of which 8 cases are similar in nature and the 2nd petitioner is having 3 previous cases pending. Hence, he opposed to grant bail to the petitioners. 2/6

5.

Considering the facts and circumstances of the case, the allegation against the petitioners, taking note of the submissions made by the learned Government Advocate (Crl. Side), considering the fact that the petitioners had illegally transported river sand from the Pallar river which serves as a lifeline for several districts of Tamil Nadu thereby, causing damage to ecology and environment, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, the Criminal Original Petition stands dismissed. 08.10.2025 nr To

1. The Judicial Magistrate No.III, Vellore

2. The Inspector of Police Anakavoor Police Station Tiruvannamalai District

3. The Public Prosecutor High Court, Madras.

K.RAJASEKAR , J.

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