Karthi v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioners who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379 & 430 IPC r/w 21 (1) of Mines and Minerals Act, in Crime No.493 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioners that petitioners are charged for the offences under Sections 379 & 430 IPC r/w 21 (1) of Mines and Minerals Act, for illegal transportation of 4 units of Morambu sand from anthiyur river in a lorry bearing registration No.TN-25-BY-8834. Thus, he prays for grant of anticipatory bail for the petitioners.

3.In response, the learned Government Advocate (Crl.side) submitted that on 28.06.2023, at about 11 p.m., petitioners had illegally transported 4 units of Morambu sand from anthiyur river in a lorry bearing registration No.TN-25-BY-8834. The vehicle and Morambu sand were recovered. Petitioners have no previous cases. However, he

prayed for dismissal of this petition.

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 Morambu sand involved in this case are recovered and that the petitioners have no previous cases 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.25,000/- (Rupees Twenty Five Thousand only) each by way of Demand Draft/RTGS/NEFT to the credit of the concerned District Mineral Foundation Trust, 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, Arni, on condition that petitioners shall execute 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 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

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