Binumon Mathew v. State Rep By

Crl.O.P.No.14218 of 2024 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC and Section 21(1) Mines and Minerals (Development & Regulation) Act, in Crime No.511 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was indulged in illegal transportation of 7 units of ordinary stones in his vehicle without any valid permission. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that co-accused had already been granted anticipatory bail by this Court in Crl.O.P.No.14149 of 2024 dated 19.06.2024. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also Page No.1/4

the fact that the investigation is almost completed and co-accused had already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Principal District and Sessions Judge, Coimbatore, (Jurisdiction for Mines and Minerals (Development & Regulation) Act 1957 comes under District Court, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two sureties, out of which one surety should be blood surety, each for a like sum to the satisfaction of the respondent police orthe police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m., for a period of three months and thereafter, as Page No.

and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] 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 petitioner 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. 20.06.2024 msrm Page No.3/4

T.V.THAMILSELVI,J.

msrm Crl.O.P.No.14218 of 2024 20.06.202 Page No.4/4