V.Ajith v. State Rep. By

G.CHANDRASEKHARAN.

J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Section 379 of I.P.C r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.662 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of learned counsel for the petitioners that petitioners are falsely implicated in this case. Apprehending arrest, the petition is filed seeking anticipatory bail.

3. In response, the learned Government Advocate (Criminal side) submitted that on 23.06.2023 at about 17.00 Hrs near Orikkai to Valajabhath Road the petitioners were found illegally transporting four units Boulder stone (Sakkaikal) without any proper permission receipt, in vehicle TN-73-E-8573 TATA Bharat Benz and no previous case is pending against these petitioners.

4. Considered the submissions and perused the records.

5. Considering the quantity of the boulder stone said to have been stolen by the petitioners and its recovery, this Court is of the view that custodial interrogation of the petitioners are not necessary. Petitioners are directed to make a non-refundable deposit of Rs.15,000/- (Rupees Twenty Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - II, Kancheepuram, 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 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 petitioners 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

17.07.2023 rna

G.CHANDRASEKHARAN.

J.

rna 17.07.2023