Adhikesavan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Eighth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.17818 of 2019 1 ADHIKESAVAN [ PETITIONERS / ACCUSED ] 2 DINAKARAN Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIMIRI POLICE STATION, THIMIRI, VELLORE DISTIRCT.
CRIME NO.282 OF 2019 For Petitioner : M/S.VINODHKUMAR G Advocate For Respondent : M/S.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable u/s 379, 430 IPC in Crime No.282 of 2019, on the file of the respondent police, seek anticipatory bail.
2.It is the case of the prosecution that the petitioners are alleged to have transported 2 1⁄2 units of sand illegally. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they have not committed any offence and a false case has been foisted against them without any basis or materials. Hence, he prays to grant anticipatory bail to the petitioners.
4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved 2 1⁄2 units of sand.
5.In view of the rehabilitation undertaken under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioners are directed to deposit a sum of Rs.40,000/- (Rupees forty thousand only) jointly as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, 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 petitioners with certain conditions. Accordingly, the petitioners are directed to deposit a sum of Rs.40,000/- (Rupees forty thousand only) jointly as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit 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 on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate No.
I, Walaja on condition that the petitioners shall execute a bond for a sum of Rs.
[a] the petitioners 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 petitioners shall deposit a sum of Rs.40,000/- (Rupees forty thousand only) jointly as non refundable deposit to the credit of the concerned District Mineral Foundation Trust. [c] 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.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners 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 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 08/07/2019 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NO.I, WALAJA.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, THIMIRI POLICE STATION, THIMIRI, VELLORE DISTIRCT.
5 THE DISTRICT MINERAL FOUNDATION TRUST, VELLORE.
+1CC to VINODHKUMAR G Advocate on payment of necessary charges SR NO.13821 CRL OP.17818/2019 Date :08/07/2019 MK:12/07/2019