Gnanavel v. The State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 27945 of 2025 1.Gnanavel 2.Thirusangu Petitioners Vs The State rep. by The Inspector of Police Kadampuliyur Police Station Cuddalore District Crime No. 319 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest pending investigation in Cr.No. 319 of 2025 on the file of the respondent police.

For Petitioners : Mr.Vishwanth S.C.

For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side) ----

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 303(2), 326(a) of BNS r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No. 319 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2.The allegation against the petitioners is that the petitioners had transported 1/4 unit of river sand using two bullock cart without any valid licence from the Government of Tamil Nadu. Hence the case.

3. The learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution. He further submits that there is no previous case pending against the petitioner herein. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) appearing for the respondent police, reiterated the prosecution case and submits that the petitioners had transported quarter unit of river sand using two bullock cart without any valid licence from the Government of Tamil Nadu. He further submits that investigation has been pending against them. Therefore, he opposed for grant of anticipatory bail to the petitioners. 2/6

5. Taking into consideration of the fact that huge quantity of river sand quarried from river bed by the petitioners and causing damage to the water body; if the anticipatory bail is granted to the petitioners, which would further encourage them to indulge similar offences, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. 14.10.2025 MSM To 1.The Judicial Magistrate No.II, Panrutti.

2.The Inspector of Police Kadampuliyur Police Station Cuddalore District Crime No. 319 of 2025.

3. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J., MSM CRL OP NO. 27945 of 2025 14.10.2025 4/6