Vadivel@Sarvanan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10907 of 2021 1.Vadivel @ Saravanan 2.Settu ... Petitioners Vs.
The State Represent by The Inspector of Police, Papparapatti Police Station, Dharmapuri District.
Crime No.330 of 2021.
... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in connection with the case in Cr.No.330 of 2021 pending investigation on the file of the respondent Police.
For Petitioners : Mr.J.Karthikeyan For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioners, who were arrested on 09.06.2021 and remanded to judicial custody for the offences under Section 379 IPC and Section 21(4) of Mines and Minerals (D&R)Act in Cr.No.330 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioners were involved in illegal mining of red sand and tried to transport it in tractors and the same was seized by the respondent Police in two tractors.
3. The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. However, on instructions, he would further submit that the petitioners, without prejudice to their rights, are ready to deposit an amount of Rs.20,000/- to the Mineral Foundation Trust.
4. The learned Government Advocate (Crl.Side) submitted that the vehicle involved was seized by the respondent police and there are no previous cases pending against the petitioners. He further submitted that if the person is caught with illegal sand in the mining area, he has to be directed to deposit the conditional amount to the credit of Crime number. However, in view of formation of District Mineral Foundation Trust in each District, the amount may be deposited to the credit of the said Trust for rehabilitation in the areas affected by illegal sand mining.
5. In view of the rehabilitation undertaken by the State Government under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities and also considering the submission made by the learned counsel for the petitioners, this Court is of the opinion that the petitioners shall be directed to make a non refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions. The amount so deposited shall be utilised by the Trust for rehabilitation works.
6. It is made clear that the deposit of the amount by the petitioners to the Trust would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited.
7. Considering the facts of period of incarceration suffered by the petitioners and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioners subject to the following conditions:
(a)the petitioners shall make a non refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;
(b) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Jailer, Sub Jail Dharmapuri, in which the petitioners are confined and on such execution the petitioners shall be released from prison;
(c) Within a period of four weeks after the release, the petitioners shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Pennagaram;
(d ) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated. (e)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; (f)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;
(g)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(h)the petitioners shall not abscond either during investigation or trial;
(i)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and; (j)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 25/06/2021 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, PENNAGARAM, DHARMAPURI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE OFFICER INCHARGE SUB JAIL, DHARMAPURI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, PAPPARAPATTI POLICE STATION, DHARMAPURI DISTRICT.
6 THE CHAIRMAN/ DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, DHARMAPURI DISTRICT.
+1 CC to M/S.J.KARTHIKEYAN Advocate on payment of necessary charges SR.No.6795 CRL OP.10907/2021 Date :25/06/2021 cs 28/06/2021