Apparao Polamarasetty v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13167 of 2021

1. Apparao Polamarasetty, ... Petitioners

2. Ram Vilas.

Vs.

State Rep by ... Respondent The Sub Inspector of Police, Madathukulam Police Station, Thiruppur District.

(Crime No.132 of 2021) PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge on bail the petitioners on bail in the event of their arrest in connection in Crime No.132 of 2021 on the file of the respondent police.

For Petitioners : Mr.R.Sasikumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 379 of IPC r/w Section 21(1) of of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.132 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have involved in illegal transportation of 2 units of gravel sand by using Tipper lorry without valid licence. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution. However, on instructions, he further submitted that the petitioners, without prejudice to their rights, are ready to deposit a sum of Rs.20,000/- to the credit of the concerned District Mineral Foundation Trust that may be imposed by this Court. 4.The learned Government Advocate (Crl.Side) submitted that if the person is caught with illegal sand in the mining area, necessarily he could be released on bail by imposing 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 be 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.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 at the stage of anticipatory bail. 7.Considering the facts and circumstances of the case and also the submission made by the learned Government Advocate (Crl.Side), 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 Principal Sessions Court, Thiruppur on condition that each of the petitioners shall execute a separate bonds 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.

(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. for a period of two weeks and thereafter as and

when required for interrogation;

(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 petitioner 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/- 29/07/2021 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 PRINCIPAL SESSIONS COURT, THIRUPPUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE, MADATHUKULAM POLICE STATION, THIRUPPUR DISTRICT.

+1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.NO.7965.

CRL OP.13167/2021 Date :29/07/2021 INBA 09/08/2021