J.Jeya Shankar, M/A 45 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL ORIGINAL PETITION No.17070 of 2018 1 J.JEYA SHANKAR [ PETITIONERS / ACCUSED ] 2 G.SUMAN Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, RATHANAGIRI POLICE STATION, VELLORE DISTRICT CR.NO.209 OF 2018.

For Petitioner : M/S.K.THANGAMANI Advocate For Respondent : MR.M.MOHAMED RIYAZ,ADDL.PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 379 and 430 of IPC in Crime No.209 of 2018, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported 1 unit of sand.

3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and therefore, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the State would submit that there is no previous case pending against the petitioners. He further submitted that if a person is caught with illegal sand in the mining area, he has to be directed to deposit the conditional amount to the credit of Crime number. However, in view of formation of District Mineral Foundation Trust in each district, the amount may be deposited to the credit of the said Trust for rehabilitation in the illegal sand mining affected areas.

5. In view of the rehabilitation undertaken by the State Government under the Tamil Nadu District Mineral Foundation Rules,

2017, and in order to curb the illegal sand mining activities and also considering the submission made by the learned counsel for the petitioners, this Court is of the opinion that each of the petitioner is directed to make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) totalling to Rs.10,000/- (Rupees Ten Thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions.

6. It is made clear that the deposit of the amount by the petitioners to the Trust would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of anticipatory bail.

7. Considering the facts and circumstances of the case and also considering the submission made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

8. Accordingly, the 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 of receipt of a copy of this order, before the Judicial Magistrate, Vellore District, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled.

(ii) each of the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) totalling to Rs.10,000/- (Rupees Ten Thousand only) to the credit of the concerned District Mineral Foundation Trust Fund, without prejudice to this defence before the trial Court and thereafter, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners; (iii) the petitioners shall report before the respondent police daily at 10.30.a.m. until further orders.

(iv) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioners shall not abscond either during investigation or trial.

(vi) 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].

(vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 05/07/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, VELLORE,DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, RATHANAGIRI POLICE STATION, VELLORE DISTRICT 5 THE CHAIRMAN/DEISTRICIT COLLECTOR DISTRICT MINERAL FOUNDATION TRUST FUND, VELLORE +1 CC to M/S.K.THANGAMANI Advocate on payment of necessary charges SR.NO. 12352 CRL OP.17070/2018 Date :05/07/2018 RD 09/07/2018