E.Gowri v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.18884 of 2020 E.Gowri ... Petitioner Vs.

State rep. by

...Respondent

Inspector of Police Bangalapudur Police Station, Gobichettipalayam Taluk, Erode District.

Crime No.754 of 2020.

Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of her arrest in Crime No.754 of 2020 on the file of the respondent police.

For Petitioner : Mr.P.Saravana Sowmiyan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 379 and 511 of IPC read with Section 21(1) of the Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.754 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that totally there are three accused in this case and that the petitioner is ranked as A3. The gravel sand have been excavated without government permission in the lands comprised in SF.No.37 situated at Arakkankottai Village, Gobi Taluk. On 25.01.2020, it was found that gravel sand to an extent of 5488 cubic meter were illegally excavated without any permit. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioner is an innocent person and he has been falsely implicated in this case. On instructions, he would further

submit that the petitioner is prepared to deposit some considerable amount to any charitable organization or association without prejudice to his contention and prayed for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner has illegally transported gravel sand to the extent of 5488 cubic meter without any valid licence. He further submitted that there is no previous case pending against the petitioner.

5. It is seen that there is no previous case pending against the petitioner and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non-refundable deposit to 'The Children Home for Boys Under Surabi Trust, No.22/10, 1st Street, Kumarasamy Nagar, Villivakkam, Chennai-600 049', A/C.No.0918101041798, IFSC Code. No.CNRB0000918 without prejudice to his rights and contentions before the trial Court.

6. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his 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 anticipatory bail to the petitioner with certain conditions.

(a) The petitioner is directed to deposit a sum of Rs.10,000/- as non-refundable deposit either through RTGS/NEFT or in cash in favour of ''The Children Home for Boys Under Surabi Trust, No.22/10, 1st Street, Kumarasamy Nagar, Villivakkam, Chennai-600 049', A/C.No.0918101041798, IFSC Code. No.CNRB0000918, within fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to be released on bail in the event of his arrest or his appearance and on production of proof of deposit of the above amount and on further condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand Only) with two sureties each for the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that the petitioner shall also give an letter of undertaking before the respondent/police that the said amount has been paid in respect of particular crime number. [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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

[e] the petitioner shall not abscond 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 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].

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

8. With the above directions, this Criminal Original Petition is ordered.

-sd/- 04/01/2021 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 NO.I, GOBICHETTIPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, BANGALAPUDUR POLICE STATION, GOBICHETTIPALAYAM TALUK, ERODE DISTRICT.

THE CHILDREN HOME FOR BOYS UNDER SURABI TRUST, NO.22/10, 1ST STREET, KUMARASAMY NAGAR, VILLIVAKKAM, CHENNAI-600 049.

A/C.NO.0918101041798, IFSC CODE. NO.CNRB0000918. +1 CC to M/S. P.SARAVANA SOWMIYAN Advocate on payment of necessary charges SR.NO.31 CRL OP.18884/2020 Date :04/01/2021 TA-11/01/2021