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Madras High CourtCRL OP/30003/2025dismissed

Arumugam v. State Rep. By, The Inspector Of Police,

2025-11-05Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 30003 of 2025 K.Arumugam Petitioner/A3 Vs The State rep. by The Inspector of Police Thiyagadurugam Police Station Kallakurichi District.

Crime No. 443 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in connection with the Crime No. 443 of 2025 on the file of the respondent police.

For Petitioner : Mr.N.Chandirasekar For Mr.P.Rajavel Rajavel 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, 2023 r/w 1/6

21(1) of Mines and Minerals [Development and Regulation] Act, 1957 in Crime No.443 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joining with other accused had transported two units of lake sand from Raja Nagar using Tractor with Tipper bearing Registration No. TN-15-MH-9414 Mahindra 575 illegally without any valid license from the Government. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He submits that he has not committed any offence as alleged by the prosecution. 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 his release. Hence, he prays for grant of anticipatory bail to the 2/6

petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent police, reiterated the prosecution case and submits that the petitioner along with other accused had quarried 2 units of lake sand from Raja Nagar and transported the same by using Tipper lorry bearing Registration No.TN-15-MH-9414 Mahindra 575 illegally without any valid license. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels and perused the materials available on record.

6. Considering the fact that the petitioner had transported 2 units of lake sand illegally, after illegally quarrying the same. They also damaged ecology and water body, if anticipatory bail is granted to the petitioner he 3/6

would indulge in similar type of illegal activities hence, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 05.11.2025 MSM To 1.The Judicial Magistrate No.II, Kallakurichi, Kallakurichi District. 2.The Inspector of Police Varanjaram Police Station Kallakurichi District Crime No. 189 of 2025.

3. The Public Prosecutor, High Court of Madras. 4/6

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 30003 of 2025 6/6

05.11.2025 7/6