Gobinath @ Subbukutti, v. The Inspector Of Police

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 379 of IPC r/w. Section 21(1) M & M Act, 1957 in Crime No.257 of 2023 on the file of the Respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Defacto complainant is the Assistant Director. On 18.07.2023, while Assistant Geolgoist, on regular patrolling near South Avinashipalayam, found that the lorry bearing Reg. No. TN BR 0981 owned by the Petitioner illegally transported four unit of gravel soil. The driver of the lorry was arrested and remanded to judicial custody. Hence the complaint.

3.The learned Counsel for the Petitioner would submit that the Petitioner is the owner of the vehicle and he had transported only agricultural soil from his own land and it was wrongly presumed that he was transporting soil illegally. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner.

4.The learned Government Advocate (Crl. Side) for the Respondent would submit that the Petitioner, who is the owner of the offending vehicle has transported four unit of gravel soil and opposed to grant anticipatory bail to the 1/ 4

Petitioner.

5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and the submissions made by the learned counsel on either sides and the gravity of the offence, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 7.Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) directly to the credit of "Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.

11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN: AAAGC0038F", on such deposit and production of proof, the 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, Palladam, on condition that the Petitioner shall execute a separate bond for a sum of Rs.

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, on every Monday 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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RMT.TEEKAA RAMAN, J.

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