Vijayakumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.13845 of 2022 1.Vijayakumar 2.Sivaprakasam 3.Muruganandam 4.Akilan .. Petitioners Vs.

State rep. by The Inspector of Police, Muthupettai Police Station, Thiruvarur District Crime No.133 of 2022 .. Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.133 of 2022 pending investigation on the file of the respondent police. For Petitioners : Mr.M.Vijayaragavan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioners, who were arrested and remanded to judicial custody on 01.06.2022 for the offences punishable under Sections 379 & 430 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in crime No.133 of 2022 on the file of the respondent police, seek bail.

2. It is the case of the prosecution that the petitioners transported 1 unit of river sand without valid licence. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays to grant bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioners are arrayed A1 to A4 and the quantity of river sand involved is 1 unit. He further submitted that there is no previous case pending against the petitioners. However, he vehemently opposed to grant bail to the petitioners.

5.In view of the rehabilitation undertaken under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioners may be directed to jointly deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions before the trial Court. 6.Merely, because the petitioners have deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently. 7.Taking note of the facts and circumstances, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to jointly deposit a sum of Rs.

15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, and on such deposit the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.

[a] 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 petitioners shall jointly deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust. [c] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 16/06/2022 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, THIRUTHURAIPOONDI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE MUTHUPETTAI POLICE STATION, THIRUVARUR DISTRICT.

4 THE OFFICER INCHARGE SUB JAIL, THIRUTHURAIPOONDI, TIRUVARUR DISTRICT 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST, TIRUVARUR DISTRICT +1 CC to M/S.M.VIJAYARAGAVAN Advocate on payment of necessary charges SR.NO.9232 CRL OP.13845/2022 Date :16/06/2022 JPA 17/06/2022