Sambasivam v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR 1.Sambasivam 2.Ashok Kumar ... Petitioners Vs.

State rep by, Inspector of Police, Minjur Police Station Chennai - 600 005 ... Respondent (Crime No.742 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest in Crime No.742 of 2025 on the file of the respondent police. For Petitioners : Mr.K.Saravanan For Respondent : Mrs.J.R.Archana, Government Advocate (Crl. Side)

O R D E R

The petitioners, apprehend arrest at the hands of the respondent police for the offence under Section 303(2) of BNS and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.742 of 2025, on the file of the respondent Police, seek anticipatory bail.

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2. The allegation against the petitioners is that they have engaged in illegal stone quarrying and transported the quarried stones using a Torus lorry. While the officials intervened, the driver of the lorry failed to produce any invoices or transit passes and ran away from the scene of occurrence. Hence the case.

3. The learned counsel for the petitioners submitted that the materials were transported with proper and valid invoices; however, since the invoices were not available at the time of inspection, a case has been registered. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent/State reiterated the prosecution case and, on instructions, submitted that the vehicle was involved in quarrying 47 tons of stones and transporting the same illegally without any supporting documents, and that it was seized by the officials and handed over to the concerned authorities, and that the investigation is still in progress. Hence, she opposed to grant anticipatory bail to the petitioners.

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5. Considering the fact that huge quantity i.e., 47 tons of stones were illegally quarried and transported; it is stated that they are having invoices to transport however, these invoices are not connected with either the materials seized by the officials or with the lorry, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed. 01.12.2025 ssi To:

1.The Inspector of Police, Minjur Police Station Chennai - 600 005.

2.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

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