S Bharath v. The State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379 & 430 IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.269 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 alleged offence under Sections 379 & 430 IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.269 of 2023, for illegally transporting 1⁄4 unit of river sand in a bullock cart, without any valid permit. Apprehending arrest, this petition is filed. 3.In response, the learned Government Advocate (Crl.side) submitted that on 06.07.2023, at about 05.30 p.m., when the respondent police were in their routine vehicle check up, they found that the accused had illegally, using a bullock cart, transporting 1⁄4 unit of river sand,

without any valid permit. He further submitted that petitioner has no previous case pending against him. River sand and the vehicle had been recovered.

4.Considered the rival submissions and perused the records. 5.In view of the submissions of the learned counsel appearing for the parties that river sand involved in this case is 1⁄4 unit and that the vehicle and river sand involved are recovered, material part of the investigation is over 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 nonrefundable deposit of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Tamil Nadu, India, Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF

PAN:AAAGC0038F, 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 Judicial Magistrate, Ambur, Thirupathur, 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. 04.08.2023 sli

G.CHANDRASEKHARAN.

J.

sli 04.08.2023