Kumar v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.30017 of 2025 Kumar ... Petitioner Vs.

The State Rep by Inspector of Police, Kedar Police Station Villupuram District Crime No. 152 of 2025.

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest pending investigation in Cr.No. 152 of 2025 on the file of the respondent police.

For Petitioner : Mr.K.Muruganandham 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), 326(a) of BNS, 2023 r/w Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.152 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2.The allegation against the petitioner is that on 08.10.2025 at about 05.30 a.m., the petitioner had illegally quarried three units of river sand near Athanur Canara Bank and transported by using tipper lorry bearing Registration No.TN-18A-8871 without any valid licence from the Government of Tamil Nadu. Hence, the respondent police seized the lorry and registered an FIR.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has no previous case. He further submits that the petitioner is ready to abide any condition imposed by this Court. Therefore, the learned Counsel prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent, reiterated the prosecution case and submits that the petitioner had illegally quarried three units of river sand by using tipper lorry and the same was transported by the petitioner. He further submits that the vehicle was seized by the respondent police. Hence, he opposed for grant of anticipatory bail to the petitioner.

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5. Taking note of the fact that the petitioner had illegally quarried three units of river sand and damaged the ecology of river bank; that if anticipatory bail is granted to the petitioner he would indulge in similar offences in future, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. 05.11.2025 MSM To:

1.The Inspector of Police, Kedar Police Station Villupuram District Crime No. 152 of 2025.

2.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 30017 of 2025 05.11.2025 4/4