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Madras High CourtCRL OP/36162/2025dismissed

Jayaprakash And Another v. The State Rep By The Inspector Of Police

2026-01-09Honourable Mr.Justice K.Rajasekar4 pages

0IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Jayaprakash

2. Koteeswaran Petitioner(s) Vs The State rep by the Inspector of police Gudiyatham Town Police Station, Vellore District. Crime No.422/2025 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest in crime No.422/2025 pending investigation on the file of the respondent. For Petitioner(s):

Mr.E.Kannadasan For Respondent(s):

Mr.J.R.Archana, GA (Crl.Side)

ORDER

The petitioners who apprehend arrest for the alleged offences under Sections 303(2), 326(a) of BNS 2023 in Crime No.422 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 09.10.2025, while the respondent police were in routine patrol duty, at that time, they noted two persons loading the gravel sand in Ashok Leyland lorry using JCB. The respondent police intercepted and seized 4 units of gravel sand, Ashok Leyland lorry and JCB from the petitioners. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and falsely implicated in this case. He further submitted that the petitioners are ready and willing to furnish substantial sureties and to abide by any stringent conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and on instructions submitted that the quantity of gravel sand involved in this case is 4 units and the petitioners are the drivers of Lorry and JCB and arrayed as A3 and A4 in this case.

5. Considering the facts and circumstances of the case and the submission made by the learned Government Advocate (Crl.Side), I am unable to accept the submission made by the learned counsel for the petitioners. The petitioners have taken a huge quantity of gravel sand using lorry and JCB machines, thereby causing damage to the earth and ecology. Consequently, I am not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed. 09-01-2026 jai To 1.The Inspector of police Gudiyatham Town Police Station, Vellore District.

2. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

jai CRL OP No. 36162 of 09-01-2026