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Madras High CourtCRL OP/29837/2025dismissed

Narasimman v. State Rep By Its

2025-11-03Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 29837 of 2025 Narasimman Petitioner/A2 Vs The State rep. by The Inspector of Police Anaikaranchatram Police Station Myladuthurai District Crime No. 416 of 2025.

....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 416 of 2025 on the file of the respondent police.

For Petitioner : Mr.John Josh S.

For Respondent : Mr..S.Udayakumar Government Advocate, [Criminal Side] ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS Act, 2023 r/w Section 21(1) of Mines and Minerals [Development and Regulation] Act, 1/3

1957, in Crime No. 416 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused had illegally quarried one unit of river sand from Kollidam Riverbed and the same was transported by using Tractor bearing Registration No.TN-51-M-9360 Swaraj 843XM without any valid licence from the Government and the vehicle was also recovered by the police. In this regard, A1 was also arrested and this petitioner was escaped from the scene of occurrence on seeing the police. Hence the respondent police registered a case against the petitioner and others.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case based on the confession statement of A1. He further submits that he has not committed any offence as alleged by the prosecution. He also submits that A1 was also arrested and released on bail. He also submits that the petitioner is 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 petitioner.

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4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that investigation is not concluded though the properties have been recovered, he opposed to grant anticipatory bail to the petitioner. 5.Considering the fact that the petitioner is not only damaged the river bed but also caused ecology; if the anticipatory bail grants to the petitioner, he would damage the ecology and water bodies, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 03.11.2025 MSM To 1.The Inspector of Police Anaikaranchatram Police Station Myladuthurai District Crime No. 416 of 2025.

2.. The Public Prosecutor, High Court of Madras. 3/3

K.RAJASEKAR , J.

MSM CRL OP NO. 29837 of 2025 03.11.2025 4/3