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Madras High CourtCRL OP/27833/2025dismissed

S. Sarath Kumar v. The Inspector Of Police,

2025-10-13Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27833 of 2025

1. S. Sarath Kumar

2. S. Raghul ... Petitioners/ Accused Vs The State Rep. By, The Inspector of Police, Virudampet Police Station, Vellore.

(Crime No.172 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent in Crime No.172 of 2025 on the file of the respondent police. For Petitioners : Mr. T. Balaji For Respondent : Mr. S. Udayakumar Government Advocate (Crl.Side) ****** 1/4

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) and 326(a) of BNS in Crime No.172 of 2025 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that on 29.09.2025 based on a secret information, the respondent police went to the spot and arrested three accused, who were in illegal possession of river sand in 3 bags (25 kgs. each); that upon investigation, they confessed that the petitioners were also involved in the said offence. Hence, this case.

3. The learned counsel appearing for the petitioners submitted that the petitioners were falsely implicated in this case and he was not involved in the above said offence. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioners. 2/4

4. The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the petitioners herein along with other accused involved in illegal excavation of 75 kilograms of sand from Palar river; and that the investigation of this case is pending.

5. Considering the facts and circumstances of this case, taking note of the fact that the sand was illegally taken from a river, thereby damaging the river bed, affecting the ecology and water body, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this criminal original petition stands dismissed. 13.10.2025 stn To

1. The Inspector of Police, Virudampet Police Station, Vellore.

(Crime No.172 of 2025) 3/4

K. RAJASEKAR, J.

stn

2. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.27833 of 2025 13.10.2025 4/4