D.Ashokan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.07.2021

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11335 of 2021

1. D.Ashokan

2. K.Sambath ..Petitioners -VsThe State Rep. by The Inspector of Police, Arumbavoor Police Station, Perambalur District.

Crime No.426 of 2021.

..Respondent Prayer: Criminal Original petition filed under Section 438 of Cr.PC to enlarge the petitioners on bail in the event of their arrest in connection with the Crime No.426 of 2021 on the file of the respondent police.

For Petitioners : Mr.G.Ilamurugu For Respondent : Mr.C.E.Pratap Government Advocate (Criminal Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 143, 286, 337, 379 of IPC read with Section 3 & 6 of Explosive Substances Act, 1908 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.426 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the VAO if Vengalam Village lodged a complaint before the respondent police that there was a quarry operation done in S.No.200/1 and the property being Government Poromboke (Hill), the Government issued a quarry license to one Durai Krishna for the period from 17.09.2010 to 16.09.2020 to

make quarry operations to an extent of hectare 1.00.0 out of 193.83.5 hectare of Vengalam Village and the license period has not been extended. That being the case, on 25.06.2021, one Kuppusamy and Tamilarasan fixed explosives for breaking the stones and both the persons were sustained injuries and admitted in hospital. 3.The learned counsel appearing for the petitioners submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioner, without prejudice to their rights, are ready to deposit the amount a sum of Rs.25,000/- to the Mines and Minerals Trust that imposed by this Court.

4.The learned Government Advocate (Crl. side) submitted that the petitioners are explosive sellers and without any license, the petitioners sold the explosives. He further submitted that if the persons are caught regarding to illegal sand theft in the mining area, necessarily they could be released on bail by imposing condition of deposit of any amount as may be ordered by this Court. In view of formation of District Mineral Foundation Trust in each District, the amount may directed to 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 may be directed to make a non refundable deposit of Rs.25,000/- (Rupees Twenty Five 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 at the stage of anticipatory bail. 7.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate, I am inclined to grant anticipatory bail to the petitioners on certain conditions.

8.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Perambalur, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/-

(Rupees Ten Thousand Only) each, 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 and on further condition that: (a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the petitioners shall make a non refundable deposit of Rs.25,000/- (Rupees Twenty Five 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 petitioners;

(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioners shall not abscond either during investigation or trial;

(g)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; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 02/07/2021 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, PERAMBALUR.

2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE ARUMBAVOOR POLICE STATION, PERAMBALUR DISTRICT.

5 THE CHAIRMAN/ DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, PERAMBALUR.

+1 CC to M/S.G.ILAMURUGU Advocate on payment of necessary charges SR.No.7021 CRL OP.11335/2021 Date :02/07/2021 cs 14/07/2021