Lakshmanan @ Latch 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.8609 of 2021 LAKSHMANAN @ LATCH [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, BRAMMADESAM POLICE STATION, THIRUVANNAMALAI DISTRICT.
CR.NO.45 OF 2021.
For Petitioner : M/S.B.SASIKALA Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN, 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 alleged offences punishable under Sections 379 and 430 IPC r/w Section 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.45 of 2021, seeks anticipatory bail.
2.It is the case of the prosecution that the petitioner is alleged to have transported 2 1⁄2 units of river sand in a TATA Tipper Lorry bearing Registration No.TN-22-A-8901 illegally. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that the quantity of sand involved is 2 1⁄2 units of river 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, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) 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 petitioner has 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 petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.
10,000/- (Rupees Ten Thousand Only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit the petitioner is 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 Principal District and Sessions Judge, Thiruvannamalai, on condition that the petitioner shall execute a bond for a sum of Rs.
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial; and [e] 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].
[f] if the accused thereafter absconds, 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, THIRUVANNAMALAI.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE SUB INSPECTOR OF POLICE, BRAMMADESAM POLICE STATION, THIRUVANNAMALAI DISTRICT.
+1 CC to M/S.B.SASIKALA Advocate on payment of necessary charges SR.NO.5818 CRL OP.8609/2021 Date :05/05/2021 TA-07/05/2021