Vediyappan v. State Rep. By

Crl.O.P.No. 14676 of 2016 C.T.SELVAM, J.

The petitioner/accused prays for the grant of anticipatory bail under Section 438 of Cr.P.C. subject to the conditions mentioned therein, for the offences punishable under secs. 379 of IPC r/w Sec.21(1)(iv) of Tamil Nadu Mines and Minerals Act in Crime No.341 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the petitioner, who is the owner of the lorry is alleged to have committed illegal quarrying of sand in the Government land without any permission, resulting in registration of the case.The vehicle has been seized.

3. Learned counsel for the petitioner submitted that the petitioner is not involved in any previous case.

4. The learned Government Advocate (Crl. Side) submits that the investigation is pending .

5. On consideration of the facts and circumstances of the case and the submissions made, I am of the view that the petitioner can be granted the relief prayed for and accordingly;

(a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate I, Hosur within 15 days from the date of receipt of copy of the order, (i) the petitioner shall be enlarged on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

and (iii) The petitioner shall be available for interrogation by the respondent police daily at 10.30 a.m for two weeks.

14.07.2016 msr