M.Elaiyarasan v. State Rep By
A.D.JAGADISH CHANDIRA,J.
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC r/w 21(1) of Mines and Minerals(Development and Regulation Act), 1957 in Crime No. 275 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the the petitioners illegally transported 3 unit of Savudu sand (Gravel) by way of Tipper Lorry bearing Reg.No.TN 11 AL 7619 without any valid license. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) for the respondent police would submit that the petitioners have illegally transported gravel sand. He would further submit that there is no previous case as against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5.In view of the rehabilitation undertaken under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioners are directed to deposit a sum of Rs.25,000/- (Rupees Twenty five Thousand only) each as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions before the trial Court.
6.Merely, because the petitioners have deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.
7. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions :- [a] the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty five Thousand only) each as non refundable deposit to the credit of the concerned District Mineral Foundation Trust within
fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the petitioners are directed to be released on bail in the event of their arrest or on their appearance and on production of proof of payment of the above amount [b] the petitioners shall execute separate 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 Judicial Magistrate 2, Kanchipuram, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:- [c] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[d] the petitioners shall report before the respondent police on every day at 10.30 am until further orders.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioners shall not abscond either during investigation or trial.
[g] 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 is 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
19.09.2022 nr A.D.JAGADISH CHANDIRA,J.
nr 19.09.2022