Chandirasekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.05.2021

CORAM

THE HONOURABLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.9064 of 2021

1. Chandrasekar

2. Sankar .. Petitioners Vs.

State rep by The Inspector of Police Thirunavalur Police Station, Kallakkurichy District Crime No.306 of 2021 .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on anticipatory bail in the event of arrest in connection with Crime No.306 of 2021 pending on the file of the respondent police . For Petitioners : Mr.P.Thamizhendhi For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC in Crime No.306 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had transported five units of pebbles (coozhangarkal) illegally by using a vehicles, bearing Registration Nos.TN-48-Z-8899 and TN-56-J-7212 respectively, without any valid licence. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the quantity of pebbles (coozhangarkal) involved is 5 units. He further submitted that there are no previous cases pending against the petitioners.

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 petitioners are directed to deposit a sum of Rs.25,000/- (Rupees Twenty five thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions before the trial Court.

6.Merely, because the petitioners have deposited the said amount, it would not amount to admission of their 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 petitioners are directed to deposit a sum of Rs.

25,000/- (Rupees Twenty five thousand only) 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 thier appearances, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - II, Ulundurpetai on condition that each of the petitioners shall execute a separate bond for a sum of Rs.

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners 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 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 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/- 12/05/2021 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, ULUNDURPETAI 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM(FOR INFORMATION) 3 INSPECTOR OF POLCIE, THIRUNAVALUR POLICE STATION, KALLAKKURICHY DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, VILLUPURAM CC to M/S P.THAMIZHENDHI Advocate on payment of necessary charges Sr.6080 CRL OP.9064/2021 Date :12/05/2021 RVR 01/06/2021