Thimmadavan v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

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

(1) of Mines and Minerals Act, in Crime No.228 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 charged for the offences under Section 379 IPC r/w 21

(1) of Mines and Minerals Act, for illegally transporting 3 units of gravel sand in his Lorry. He further submitted that petitioner is an innocent person and he has been falsely implicated in this case. Thus, he seeks for anticipatory bail for the petitioner. 3.In response, the learned Government Advocate (Crl.side) submitted that on 25.06.2023, at about 6 a.m., when the respondent police were in their routine check up at Dharapuram to Tiruppur in Gounden Palayam puthur pirivu, they found a Tipper Lorry bearing registration No.TN 42 AC 7302 with three units of gravel sand without

any valid permit. Therefore, case was registered for the offences under Section 379 IPC r/w 21 (1) of Mines and Minerals Act, in Crime No.228 of 2023. He further submitted that the lorry and gravel sand were recovered and petitioner 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 the Lorry and the gravel sand involved in this case are recovered and that petitioner has no previous case pending against him, 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.

made ready, before the learned Judicial Magistrate, Palladam, on condition that the petitioner 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 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. 26.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 26.07.2023