D.Thomas v. The Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379 IPC r/w 21

(1) of Mines and Minerals Act, in Crime No.100 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that petitioner is the owner of the vehicle and he has no connection whatsoever in this case. He further submitted that petitioner is an innocent and he has been falsely implicated in this case and prays for anticipatory bail for the petitioner.

3.In response, the learned Government Advocate (Crl.side) submitted that this case was registered against the petitioner for illegal transportation of 2 units of clay soil in a Lorry bearing registration No.TN 73 W 7266. First accused was arrested and released on bail and petitioner herein has no previous case pending against him. 4.Considered the rival submissions and perused the records.

5.In view of the submissions of the learned counsel appearing for the parties that clay soil involved in this case is 2units and that the clay soil and the vehicle had been seized, this Court is of the view that custodial interrogation of the petitioner is not necessary. Petitioner is directed to make a non-refundable deposit of Rs.

15,000/-(Rupees Fifteen Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 made ready, before the learned Judicial Magistrate, Ambattur, on condition that the petitioner shall execute a bond for a sum of Rs.

[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 everyday at 10.30 a.m., until further orders;

[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 absconds, a fresh

FIR can be registered under Section 229A IPC. sli 17.07.2023

G.CHANDRASEKHARAN.

J.

sli 17.07.2023