Vijay v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice T.RAJA CRIMINAL ORIGINAL PETITION No.6380 of 2020 VIJAY [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, PORAIYUR POLICE STATION, PORAIYUR, NAGAPATTINAM DISTRICT.

CRIME NO.43/2020 For Petitioner : M/S. C.T.SARAVANAN Advocate For Respondent : M/S. S.KARTHIKEYAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC and 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.43/2020, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner is alleged to have transported 1 unit of sand and transported the same in a lorry for commercial purpose. Hence, the complaint.

3. Learned counsel appearing for the petitioner would submit that the petitioner has transported the sand only for his personal use. Hence, he prays for grant of anticipatory bail to the petitioner. 4.Learned Additional Public Prosecutor submitted that the petitioner had transported one unit of sand illegally. There is no previous case against the petitioner.

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.15,000/- (Rupees Fifteen Thousand only) to the credit of the Madras Seva Sadan House for Destitute Children, Shenstone Park, 7 Harrington Road, Chetpet, Chennai -31, without prejudice to his rights and contentions before the trial Court.

6.Merely, because the petitioner has deposited 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.

15,000/- (Rupees Fifteen Thousand only) to the credit of the Madras Seva Sadan House for Destitute Children, Shenstone Park, 7 Harrington Road, Chetpet, Chennai -31 and on production of receipt for 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 cum Judicial Magistrate, Tharangambadi, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees ten 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 their Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter 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/- 19/03/2020 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, THARANGAMBADI.

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

4 THE INSPECTOR OF POLICE, PORAIYUR POLICE STATION, PORAIYUR, NAGAPATTINAM DISTRICT.

5 THE MADRAS SEVA SADAN HOUSE FOR DESTITUTE CHILDREN, SHENSTONE PARK, 7 HARRINGTON ROAD, CHETPET, CHENNAI -31.

+1 CC to M/S. C.T.SARAVANAN Advocate on payment of necessary charges SR.No.5427 CRL OP.6380/2020 Date :19/03/2020 cs 01/06/2020