Arunagiri v. State Rep By,

G.CHANDRASEKHARAN.

J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 379, 21(1) & 21(4) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.55 of 2023, on the file of the respondent police, seek anticipatory bail.

2. It is the submission of the learned counsel for the petitioners that petitioners are charged for the alleged offence under Sections 379, 21(1) & 21(4) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.55 of 2023, for illegally transporting gravel sand of one unit each in two vehicles, namely, TATA Mini Tipper bearing registration No.TN 29 BR 4852 and JOHN DEERE Tractor bearing registration No.TN 29 AU 4650, without any valid permit. Apprehending arrest, this petition is filed.

3.In response, the learned Government Advocate (Crl.side) submitted that on 19.06.2023, at about 03.00 a.m., when the respondent police were in their routine vehicle check up, they found that the accused

had been illegally, using TATA Mini Tipper bearing registration No.TN 29 BR 4852 and JOHN DEERE Tractor bearing registration No.TN 29 AU 4650, for transporting gravel sand of one unit each in two vehicles, without any valid permit. On seeing the respondent police, drivers of the vehicles escaped. He further submitted that petitioners have no previous case pending against them. Gravel sand and the vehicles had been recovered.

4.Considered the rival submissions and perused the records. 5.In view of the submissions of the learned counsel appearing for the parties that gravel sand involved in this case is two units and that the vehicles and gravel sand involved are recovered, material part of the investigation is over and that petitioners have no previous case pending against them, this Court is of the view that custodial interrogation of the petitioners is not necessary. Petitioners are directed to make a nonrefundable deposit of Rs.10,000/- (Rupees Ten Thousand only) each by way of Demand Draft/RTGS/NEFT to the credit of the Chief Minister's Public Relief Fund, Finance (CMPRF) Department,

Government of Tamil Nadu, Secretariat, Chennai 600 009, Tamil Nadu, India, Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN:AAAGC0038F, without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 Judicial Magistrate Court, Palacode, Dharmapuri, on condition that the petitioners shall execute a bond for a sum of Rs.

25,000/- (Rupees Twenty Five Thousand only) 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:- [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 report before the respondent police everyday at 10.30 a.m., until further orders;

[c] the petitioners 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. 03.08.2023 sli

G.CHANDRASEKHARAN.

J.

sli 03.08.2023