Sathish v. The State Rep.By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 511 of 2025 SATHISH S/o.Sekar, No.52, New Colony, Monnavedu Village, Thiruvallur Taluk And District.
Petitioner(s) Vs The State Rep.By The Sub Inspector Of Police Vengal Police Station, Thiruvallur District Crime No.613/2024 Respondent(s) For Petitioner(s):
Mr.Sasikumar R For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.613 of 2024 registered for the offences punishable under Sections 303(2) and 326 of BNS, 2023, r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He
would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for the grant of anticipatory bail is that, on 24.12.2024, the petitioner in his two wheeler transported 20 Kgs of river sand for building purpose. He would further submit that there is no previous case pending against the petitioner.
4. In respect of grant or refusal of anticipatory bail to the persons indulging in illegal sand mining, smuggling and theft of sand and minerals, the Apex Court in S.Mohamed Shahul Hameed Vs. State rep. by the Inspector of Police (Special Leave to Appeal (Crl.) No.6029 of 2020 dated 11.12.2020), while expressing disagreement with the sweep observation made by this Court on the aspect of continuous misuse of discretionary power by the offenders and the enforcers as well in an organised manner, has clarified that in consideration of anticipatory bail, the role assigned to a person would have to be considered.
5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused
the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Thiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m, until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;
A.D.JAGADISH CHANDIRA , J.
dsn [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
20.01.2025 dsn 20.01.2025