Shankar v. Inspector Of Police

G.CHANDRASEKHARAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 379 I.P.C and 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.661 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.Learned counsel for the petitioners submitted that the petitioners has been falsely implicated in this case registered for the offences under Sections 379 I.P.C and 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.661 of 2023. Apprehending arrest this petition has been filed by the petitioners.

3. Learned Government Advocate (Criminal side) submitted that accused was found illegally transporting 4 units of chakka kal at about 04.45 p.m., on 23.06.2023, near Orikai junction in Orikai - Walaja road, in lorry bearing Registration No.TN-21-BP-0390. The lorry and the chakka kal were seized. There is no previous case pending against the petitioners

4. Considering the fact that the chakka kal and the lorry were

seized and that there is no previous case pending against the petitioners, this Court is of the view that custodial interrogation of the petitioners is not necessary.

5. Accordingly, each of the petitioners is directed to make a nonrefundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned, without prejudice to their 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 learned Judicial Magistrate-2, Kancheepuram, on condition that the each of the petitioners shall execute a separate 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 each of the petitioners without prejudice to their defence shall deposit a non-refundable sum of Rs.25,000/- (Rupees Forty Thousand Only), by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that merely, because the petitioners deposit the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.

[c] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

G.CHANDRASEKHARAN, J.

mpl [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.

25.07.2023 mpl