Dismissed¶25

S. Swamiyappan v. The state rep by Inspector of Police

Madras HC6 Feb 2026CRL OP/2861/2026

Case brief

AI extract

What is this about?

Crl.O.P.No.2861 of 2026; High Court of Judicature at Madras; K.RAJASEKAR, J.; decision dated 06.02.2026; anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023; offences under Sections 303(2) of BNS and Section 21(1) of Mines and Minerals Act; Crime No.308 of 2025; Vettaikaranippu Police Station, Nagapattinam District; alleged illegal transport of savudu sand by tractor; repeat petition after earlier dismissal dated 04.12.2025; no change in circumstances; petition dismissed; petitioner S.Swamiyappan; respondent State rep. by Inspector of Police.

What did the court decide?

The Court declined to grant anticipatory bail because the present petition was filed without any change in circumstances since the earlier dismissal of the petitioner's anticipatory bail petition. ¶21

S. Swamiyappan Vs The state rep by Inspector of… — Mining and Natural Resources | Madras HC (2026)

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Crl.O.P.No.2861 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.02.2026

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CORAM

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THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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Crl.O.P.No.2861 of 2026

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S.Swamiyappan ... Petitioner/Accused

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Vs.

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The State Rep. By, The Inspector of Police, Vettaikaranippu Police Station, Nagapattinam District. Crime No.308 of 2025 ... Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.308 of 2025 on the file of the respondent police.

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For Petitioner : Mr.K.M.Subrahmaniam For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.2861 of 2026

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O R D E R

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The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of BNS and Section 21(1) of Mines and Minerals Act in Crime No.308 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner illegally tran sported

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1 unit of savudu sand by using tractor. Hence, the case.

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This Court had earlier dismissed the petitioner’s anticipatory bail on

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04.12.2025 by stating the following reasons:

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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, this Criminal Original Petition is dismissed.

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Now, without any change in circumstances, present petition is filed. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.2861 of 2026

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