Pasupathy v. State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner, Pasupathy, 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.121 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 red soil in a lorry.

3.In response, the learned Government Advocate (Crl.side) submitted that on 25.05.2023, at about 5 p.m., when the Government officials were in their routine vehicle check up, they found a Tipper Lorry bearing registration No.TN 69 AY 1929 with 3 units of red soil. Therefore, case was registered against the petitioner for illegal transportation of 3 units of red soil. 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 red soil involved in this case is 3 units and that was 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.

30,000/- (Rupees Thirty Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, petitioner is 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 - I, Mettur, on condition that the petitioner shall execute a bond for a sum of Rs.

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. 20.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 20.07.2023