S Arunachalam v. The State Rep By

RMT.TEEKAA RAMAN , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 379 and 430 of IPC r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.685 of 2023, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are alleged to have transported 2 1⁄2 units of Savudu sand illegally by Lorry. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners have no previous case against them and without prejudice to their contentions, the petitioners are prepared to deposit an amount of Rs.10,000/- towards any charitable organization or association. Therefore, he prays for grant of

anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the quantity of Savudu sand involved is 2 1⁄2 unit. He would further submit that the 1st petitioner is the owner of the lorry and the 2nd petitioner is the driver of the lorry. Hence, he vehemently opposed to grant anticipatory bail to the petitioners. 5.Taking into consideration the facts and circumstances and the submissions made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6.Accordingly, each of the petitioner shall make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned and on such deposit and on receipt of proof of payment, 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 on which the order copy made ready, before the learned Judicial Magistrate, Ambattur Court, Tiruvallur District, on condition that the petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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 make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned.

[c]the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners shall not abscond either during investigation or trial;

[f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

11.08.2023 ata RMT.TEEKAA RAMAN , J.

ata 11.08.2023