Gowtham @ Gowthaman v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9426 of 2022 1 GOWTHAM @ GOWTHAMAN [ PETITIONERS/ ACCUSED ] 2 SAKTHI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUPPATHUR TK POLICE STATION, THIRUPPATHUR DISTRICT.

(CRIME NO.125/2022) For Petitioner : M/S.S.PRIYADARSHINI 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 petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.125 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The respondent police has seized the lorry and J.C.B involved in removing of four units of soil illegally according to the petitioner the soil was removed from his patta land for his brick chamber.

3.Considering the submissions and the quantity of the soil illegally excavated by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.80,000/-(Rupees Eighty Thousand Only) in the District Collector's Fund and on such deposit and production of receipt before the learned concerned Magistrate, the petitioners may be granted anticipatory bail with certain conditions;

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Thiruppathur, on condition that the petitioners shall execute separate bonds for a sum of Rs.50,000/-(Rupees Fifty thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) the petitioners shall deposit a sum of Rs.80,000/- (Rupees Eighty 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 nonrefundable deposit; (b) if the petitioners 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 petitioners 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 petitioners shall report before the Investigation Officer as and when required for an interrogation;

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

(f)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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.

-sd/- 25/04/2022 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, NO.II, THIRUPPATHUR.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUPPATHUR TALUK POLICE STATION, THIRUPPATHUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DISTRICT COLLECTOR THIRUPPATHUR DISTRICT.

+1CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.No.6270 CRL OP.9426/2022 Date :25/04/2022 CSK 29/04/2022