M.Murali v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice T.RAJA CRIMINAL ORIGINAL PETITION No.6305 of 2020 M.MURALI [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY [ RESPONDENT ] THE SUB-INSPECTOR OF POLICE KALAMBUR POLICE STATION, THIRUVANNAMALAI DISTRICT.

CR.NO.131 OF 2020 For Petitioner : M/S.K.VENKAT Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for alleged offences punishable under sections 379, 430 I.P.C., 1860 r/w 21(5) of Mines and Minerals Act in Crime No.131 of 2020, the petitioner has come forward with this petition seeking anticipatory bail.

2.The case of the prosecution is that, the petitioner had transported less than half unit of river sand without valid permission. Hence the present case has been lodged against him. 3.Learned Additional Public Prosecutor appearing for the State would submit that the petitioner has transported less than half unit of sand and he has no previous case.

4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 5.In view of the rehabilitation undertaken under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of the concerned Chairperson, District Mines & Minerals Foundation Trust, without prejudice to his rights and contentions before the trial Court.

6.Merely, because the petitioner is going to deposit the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. 7.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.

5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of the concerned Chairperson, the District Mines & Minerals Foundation Trust and on such deposit 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 District Munsif cum Judicial Magistrate, Kalasapakkam, on condition that the petitioner shall execute a bond for a sum of Rs.

[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 as and when required for interrogation.

[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.

[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 229A IPC.

-sd/- 18/03/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KALASAPAKKAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB-INSPECTOR OF POLICE KALAMBUR POLICE STATION, THIRUVANNAMALAI DISTRICT.

5 THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST, TIRUVANNAMALAI.

+1 CC to M/S.K.VENKAT Advocate on payment of necessary charges SR.No.5353 CRL OP.6305/2020 Date :18/03/2020 cs 23/03/2020