S. Swamiyappan v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. S. Swamiyappan S/o Mr. V. Subramanian, Door number 1-43 Araikarai Naluvedhapathy Village and Post Office, Vedaranyam Taluk, Nagapattinam District Petitioner(s) Vs

1. The state rep by Inspector of Police Vettaikaraniruppu Police Station, Nagapattinam District, (Crime No.

308/2025) Respondent(s) PRAYER To enlarge me on anticipatory bail in the event of arrest by the respondent police pertaining to crime no. 308 of 2025 on the file of the respondent police and to pass such other or further orders as this Hon'ble Court may deem fit and proper and thus render justice.

For Petitioner(s):

A.Udhayachandiran For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 303(2) of BNS Act 2023 and 21(1) of Mines and Minerals Act in Crime No. 308 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner illegally transported 1 unit of Savudu sand by using a tractor. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed the offences alleged by the defacto complainant. He also submitted that the petitioner is ready to abide with any conditions that may be imposed by this Court, and therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that 1 unit of savudu sand has been illegally transported by using a tractor. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the nature of offence committed by the petitioner, and taking note of the fact that the petitioner is not only involved in quarrying savudu sand but also in damaging the ecology and the river bed itself, this Court is not inclined to grant anticipatory bail to the petitioner.Accordingly, the Criminal Original Petition is dismissed.

04-12-2025 Gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The state rep by Inspector of Police Vettaikaraniruppu Police Station, Nagapattinam District, (Crime No.

308/2025) 2.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 33268 of 04-12-2025