Sarangan@Sarangapani v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.05.2020
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI Sarangan @ A. Sarangapani, S/o. Arumugam, No. 160, North Street, Melrippu, Kiliruppu, Panruti, Cuddalore District 607 103.
.. Petitioner/ Sole Accused Vs.
The State rep. by its The Station House Officer, Kadampuliyur Police Station, Cuddalore District.
[Crime No. 169 of 2020] .. Respondent/ Complainant Prayer: Criminal Original Petition filed for anticipatory bail under Section 438 of Criminal Procedure Code.
For Petitioner : Mr. K. Balasubramaniam For Respondent : Mr. T. Shunmuga Rajeswaran Government Advocate (Crl. side) 1/6
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for alleged offence punishable under Sections 430, 379 I.P.C. r/w 21(1) Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.169 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that while the de-facto complainant, who is Police party was conducting routine check to stop illegal transportation of sand, on seeing the Police party, the petitioner left the twowheeler and ran away from the place of occurrence. On search, it was found that he was carrying 4 bags of river sand from the river without any valid licence. On complaint, a case has been registered against the petitioner under 430, 379 I.P.C. r/w 21(1) Mines and Minerals (Development & Regulation) Act, 1957.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. The petitioner is involved in farming activities. On the date of 2/6
occurrence, while the petitioner was returning with m-sand for construction, the respondent intercepted and seized the vehicle alleging that the petitioner has been illegally transporting the river sand and foisted a false case against the petitioner. The petitioner is permanent resident of the village and he will not abscond. Further, the learned counsel appearing for the petitioner submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court and prayed for granting anticipatory bail.
4. Learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner has committed serious offence of illegally mining the river sand to sell the same in the market for profit, affecting the water source. The investigation is pending and prayed for dismissal of the petition.
5. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl. Side) appearing for the respondent and perused the materials available on record.
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6. Considering the facts and nature of offence, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within 15 days from the date of receipt of copy of this order before the learned Judicial Magistrate No.II, Panruti, on the following conditions; (i) Petitioner executes a bond for 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 arrest them or the aforestated Judicial Magistrate;
(ii) Petitioner deposits a sum of Rs.5,000/- (Rupees Five Thousand only ) before the District Mineral Foundation, Cuddalore District, within one week from the date of receipt of a copy of this order and (iii) Petitioner appears before the respondent police as and when required.
7. In the result, the Criminal Original Petition is allowed. 18.05.2020 Index : Yes / No gsa/kj 4/6
To 1.The Station House Officer, Kadampuliyur Police Station, Cuddalore District.
2.The Public Prosecutor, High Court, Madras.
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V.M.VELUMANI, J., gsa/kj 18.05.2020 6/6