Pandiyan v. State Rep By Its.The Inspector Of Police
S.SOUNTHAR, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 and 430 IPC read with Section 21(5) of TN Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.68 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is alleged to have transported 1 unit of river sand illegally in a tractor. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is ready and willing to furnish sufficient sureties and to abide by any stringent condition that may be imposed by this Court. He would also submit that without prejudice, the petitioner is prepared to deposit a sum of Rs.10,000/- as a non-refundable deposit. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent submitted that the petitioner is said to have transported 1 unit of river sand in a tractor. He would further submit that there are two previous cases pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.
1/4
5. Having regard to the allegation made against the petitioner in the FIR, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.
6. Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned and on such deposit and on receipt of proof of payment, 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 Judicial Magistrate Court, Vandavasi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
2/4
[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.
[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.
05.05.2023 gya/anu 3/4
S.SOUNTHAR, J.
gya/anu 05.05.2023 4/4