Nithyananthan v. State Through
S.SOUNTHAR, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 IPC r/w Section 21(1) of the Tamil Nadu Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.242 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that on 05.04.2023 around 5.30 p.m., while the respondent was in inspection, he stopped one goods carrier vehicle bearing registration No.TN 31 BJ 8199; when inspected, the respondent found four units of sakkai kal being transported in the aforesaid vehicle without proper permission; the petitioner, who is the driver of the vehicle, is said to have fled from the scene. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected in this case. He further submitted that without prejudice, the petitioner is prepared to deposit a sum of Rs.40,000/- as non-refundable deposit to the credit of the District Mineral Foundation Trust concerned. Hence, he prays for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner is said to have transported four units of sakkai kal in the goods carrier vehicle without proper permit. Hence, he opposed to grant anticipatory bail to the petitioner.
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, this criminal original petition is allowed and the petitioner is ordered to be released on anticipatory bail on condition to make a non refundable deposit of Rs.40,000/- (Rupees Forty 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 are ordered to be released on anticipatory 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, Kancheepuram, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each 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;
[c] the petitioner shall not tamper with evidence or witness either during investigation or tria;
[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 anticipatory 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 absconds, a fresh FIR can be registered under Section 229A IPC.
05.05.2023 nsd
S.SOUNTHAR, J.
nsd 05.05.2023