Lokesh v. State Rep By,

Crl.O.P.No.20392 of 2023 RMT.TEEKAA RAMAN, J.

The Petitioners, who apprehend arrest at the hands of the Respondent police for the offence punishable under Section 379 & 430 of IPC r/w.Section 21(5) of Mines and Minerals (Development & Regulation) Act, in Crime No.261 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 28.07.2023, the Respondent police found that a JCB bearing Reg. No.TN 25 BX 7954, owned by A1, driven by A3 was used to loading sand in a lorry owned by A2, bearing Reg. No.TN 23 AX 7800, which was driven by A4. Hence the complaint. 3.The learned Counsel for the Petitioners would submit that the Petitioners were falsely implicated in this case, to harass them and the Petitioners are ready to abide by any conditions imposed by this Court. Hence, the learned counsel for the Petitioners prays for grant of anticipatory bail to the Petitioners.

4.The learned Government Advocate (Crl. Side) for the Respondent would submit that three units of red sand was illegally transported by the Petitioners. He vehemently opposed to grant anticipatory bail to the 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 nature and gravity of the alleged 1/4

offence, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions.

7.Accordingly, the Petitioners shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen 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, Cheyyar on condition that the Petitioner shall execute a separate 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 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 report before the Respondent Police, on everyday at 10.30 am for a period of four weeks and thereafter as and when required; 2/4

[c] the Petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the Petitioners 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 Petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.

11.09.2023 sai 3/4

RMT.TEEKAA RAMAN, J.

sai Crl.O.P.No.20392 of 2023 Dated: 11.09.2023 4/4