K.Manikandan v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8635 of 2022 K.MANIKANDAN [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, ARNI, THIRUVANNAMALAI DISTRICT.

(CRIME NO.81/2022).

For Petitioner : M/S.T.AROCKIA DASS, Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 430, 379 of IPC read with Sec.21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.81 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner is the owner of the tipper lorry bearing Reg.No. TN 20 CS 9217, wherein 1 unit of river sand was illegally transported without valid permit. The respondent police seized the vehicle and arrested the lorry driver.

3. The learned Government Advocate (Crl. Side) submits that there is no previous case of similar in nature is pending against the petitioner.

4. Considering the fact that the petitioner pleads that the sand was illegally transported without his knowledge and permission, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) in the District Collector's Fund and on such deposit and production of receipt before the learned concerned Magistrate, the petitioner may be granted anticipatory bail with certain conditions;

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Arni, Thiruvannamalai on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) before the concerned District Collector's Fund as non-refundable deposit. After receipt of the above said amount, the same has to be deposited by the concerned District Collector to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit.

(b) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(c) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d) the petitioner shall report before the Investigation Officer daily at 10.30.a.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial; (f) the petitioner shall not abscond either during investigation or trial;

(g)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]; and;

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

6. However, grant of anticipatory bail shall not stand in the way of the authorities to initiate confiscation proceedings relating to the vehicle involved in the offence. -sd/- 13/04/2022 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 JUDICIAL MAGISTRATE, ARNI, THIRUVANNAMALAI DISTRICT.

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

4 THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, ARNI, THIRUVANNAMALAI DISTRICT.

5 THE DISTRICT COLLECTOR THIRUVANNAMALAI.

+1 CC to M/S.DASS AND VISWA ASSOCIATES Advocate on payment of necessary charges SR.NO.5670 CRL OP.8635/2022 Date :13/04/2022 TA-20/04/2022