Venkatesan@Venkatachalam v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13982 of 2021 1 VENKATESAN @ VENKATACHALAM [ PETITIONERS / ACCUSED ] 2 SENTHILKUMAR Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] OMALUR POLICE STATION, CRIME NO.365 OF 2021.

For Petitioners : M/S. KARAN AND UDAY Advocates For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following 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 21(1) of Mines and Minerals (Development & Regulation) Act 1957, in Crime No.365 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were involved in illegal transportation of two units of red sand by using tipper lorry without obtaining proper licence. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners were not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioners, without prejudice to their rights, are ready to deposit a sum of Rs.10,000/- 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.10,000/- (Rupees Ten 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 utilized 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 Judicial Magistrate, Omalur, Salem District 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.10,000/- (Rupees Ten Thousand Only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitionerd;

(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 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/- 16/08/2021 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, OMALUR, SALEM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, SALEM DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, OMALUR POLICE STATION,

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, CC to M/S. KARAN AND UDAY Advocate on payment of necessary charges CRL OP.13982/2021 Date :16/08/2021 JPA 31/08/2021