SHANMUGAM v. The State Rep by, The Inspector of Police,
CRL OP/27579/2025 · 2025-10-09
K Rajasekar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 103403 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103403 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.27579 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.10.2025 CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.27579 of 2025 Shanmugam
... Petitioner Vs. State Rep. By Inspector of Police, Gangavalli Police Station, Salem.
... Respondent (Cr.No.163 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Cr.No.163 of 2025 on the file of the respondent police. For Petitioner : Mr.V.G.Nishok For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offence under Section 303(1), 62 of BNS Act, 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.163 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner along with 1/4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.27579 of 2025 others illegally quarrying the sand from the lake by using a Tipper lorry, after seeing the police officials they escaped from the scene of occurrence. Hence the case.
3. The learned counsel for the petitioner submitted that earlier bail application was dismissed on the ground that the petitioner was involved in taking sand from the river but the fact that the petitioner attempted to take sand from lake. He further submitted that he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that reported that investigation in this case is still pending and no previous bad antecedents registered against him. However, he oppose to grant anticipatory bail to the petitioner.
5. Though, it is stated that the petitioner is not having any previous bad antecedents since the petitioner attempted to take the river sand by using lorry causing damage to the ecology and water body, this Court is not inclined to grant anticipatory bail to the petitioner. 2/4 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.27579 of 2025
6. Accordingly, this Criminal Original Petition stands dismissed. 09.10.2025 ssi To 1.The Inspector of Police, Gangavalli Police Station, Salem. 2.The Public Prosecutor, High Court of Madras. K.RAJASEKAR
, J.
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Crl.O.P.No.27579 of 2025 Crl.O.P.No.27579 of 2025
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