Varatharajaperumal v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 412 of 2025 Varatharajaperumal S/o.Mathanagopalsamy, No.3/4, 2nd Street, Annai Sathiya Nagar, Ramapuram, Thiruvallur District.

Petitioner(s) Vs The State Rep by The Inspector of Police, Korattur Police Station, Thiruvallur District. Crime No. 10 of 2025.

Respondent(s) For Petitioner(s): Arivazhagan C For Respondent(s): Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS R/w Section 21(1) of TNMMDR Act in Crime No.10 of 2025, on the file of the respondent police, seeks anticipatory bail.

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2.

The case of the prosecution is that, based on a complaint received from one Suguna, Assistant Director, Geology and Mining Department, the respondent police went to the spot and conducted vehicle inspection and found that the accused person had illegally transported 10 units of stone jally (blue metals) in a lorry bearing Registration No.TN-05CH-6547 without any valid license. Hence, this case. 3.

Learned counsel appearing for the petitioner would submit that petitioner is innocent and he has been falsely implicated in this case. He also submitted that the petitioner had never committed any offence as alleged by the prosecution and he is the owner of the above said lorry and without his knowledge, it has been used for the alleged offence. He further submitted that the petitioner, without prejudice to his contention, is prepared to deposit an amount of Rs.25,000/- towards any charitable organization or association and also ready to produce solvent sureties and to abide by any condition that may be imposed on him, further, the petitioner also filed an undertaking affidavit dated 28.01.2025 for the same. Therefore, he prays for grant of anticipatory bail to the petitioner. 2/7

4.

Learned Government Advocate (Crl. Side) appearing for the respondent Police opposed for granting of anticipatory bail to the petitioner by stating that, the petitioner had involved in illegal transportation of 10 units of stone jally (blue metals) in his lorry. He further submitted that the petitioner has no previous case.

5.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.

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, 3/7

the role assigned to a person would have to be considered. 7.

Taking into consideration the facts and circumstances of the case and the petitioner herein has no previous case, this Court is inclined to grant anticipatory bail to the petitioner. However, in order to curb illegal sand mining activities and taking into consideration the voluntary submission made by the petitioner offering to deposit a considerable amount to any charitable organization or association, this Court is of the opinion that as one of the conditions for grant of anticipatory bail, the petitioner may be directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of District Legal Services Authority, Thiruvallur, without prejudice to his rights and contentions before the trial Court.

8.

It is made clear that merely because the petitioner is depositing the amount, it would not amount to the petitioner admitting his guilt in the criminal case and such amount is being paid without prejudice to the right of the petitioner.

9.

Accordingly, the petitioner shall make a non refundable 4/7

deposit of Rs.20,000/- (Rupees Twnety Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Legal Services Authority, Thiruvallur, and on such deposit and on receipt of proof of payment, 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, Ambattur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 conditions 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 their 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 5/7

witness either during investigation or trial. A.D.JAGADISH CHANDIRA, J.

stn [d] the petitioner shall not abscond either during investigation or trial.

[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. 29.01.2025 stn To 1.The Inspector of Police, Korattur Police Station, Thiruvallur District.

Crime No. 10 of 2025.

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Crl.O.P. No.412 of 2025 7/7