Raja@Rajendran v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifth day of May Two Thousand Twenty One PRESENT The Hon`ble Ms Justice R.N. MANJULA CRIMINAL ORIGINAL PETITION No.8590 of 2021 1 RAJA @ RAJENDRAN [ PETITIONERS / ACCUSED ] 2 GANAVEL Vs STATE REP.BY [ RESPONDENT ] STATION HOUSE OFFICER, MARAKKANAM POLICE STATION, VILLUPURAM DISTRICT.
CR.NO.85 OF 2021.
For Petitioner : M/S. E.IYAPPAN Advocate For Respondent :MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners (A1 and A2), who apprehend arrest at the hands of the respondent/police for the alleged offences punishable under Section 379 IPC in Crime No.85 of 2021, seek anticipatory bail.
2. It is the case of the prosecution that the petitioners are alleged to have transported 1⁄4 unit of savudu sand in a Tracktor bearing Registration No.TN-32-T-3578 illegally.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the quantity of sand involved 1⁄4 unit of savudu sand.
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 petitioners are directed to deposit a sum of Rs.2,500/- (Rupees Two
Thousand and Five Hundred Only) each, as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court.
6.Merely, because the petitioners have 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 petitioners with certain conditions. Accordingly, the petitioners are directed to deposit a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred Only) each, as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit the petitioners are 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 Judicial Magistrate No.
II, Tindivanam, Villupuram District, on condition that the petitioners shall execute a bond for a sum of Rs.
[b] the petitioners shall report before the respondent police as and when required for interrogation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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
[f] if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 05/05/2021 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, TINDIVANAM,VILLUPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM(FOR INFORMATION) 3 STATION HOUSE OFFICER, MARAKKANAM POLICE STATION, VILLUPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, VILLUPURAM CC to M/S. E.IYAPPAN Advocate on payment of necessary charges Sr.5824 CRL OP.8590/2021 Date :05/05/2021 RVR 07/05/2021