Stalu Sebastian v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence punishable under Sections 379 of IPC r/w 21(1) of the Tamil Nadu Mines and Minerals (Development and Regulation) Act in Crime No. 215 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that when the Village Administrative Officer/defacto complainant was on regular check up, the Sub-Collector of Pollachi was inspecting a tipper lorry bearing registration No. KL 63 F 7327 and found out that the transit pass was not a valid one and seized the vehicle. Hence, the complaint.

3. The learned counsel appearing for the petitioner submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would submit that he is the owner of the vehicle. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submit that petitioner illegally transported 6 units of stones without any valid license. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/-( Rupees Fifteen Thousand Only) as non-refundable to the credit of the registered "Advocates Clerks Association, Coimbatore" and on such deposit and production of proof, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Pollachi, Coimbatore district on condition that the petitioner shall execute a bond for a sum of

Rs.10,000/- (Rupees Ten 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 condition 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 their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner is directed to report before the respondent police on every Sunday at 10.30 a.m., for a period of twelve 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.

[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.

24.04.2024 nr

T.V.THAMILSELVI, J.

nr Crl.O.P.No.9555 of 2024 24.04.2024.