C.Sowrivel v. State Rep By
SATHI KUMAR SUKUMARA KURUP., J.
The Petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC r/w Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957 in Crime No.290 of 2022, seek anticipatory bail.
2. The case of the Prosecution is that the Defacto Complainant is a Assistant Zeologist, Department of Zeologist and mining, Kancheepuram. On 17.09.2022 at 1.10 PM, when he was in routine inspection in the Kancheepuram-Uthiramerur Road, the first Accused was driving the Taurus vehicle bearing Reg.No.TN-21-BJ-9583 with the 4 units of "Sakkai Stone" by using the expired lease granted for quarrying stone. He seized the lorry along with 4 units of "Sakkai Stone." Hence, the complaint.
3. The learned counsel for the Petitioners submitted that the Petitioners are an innocent persons and that they did not commit any offence as alleged by the Prosecution. Hence, he prays for grant of anticipatory bail to the Petitioners.
4. The learned Government Advocate (Crl.Side) submitted that the Petitioners seized 4 units of Sakkai Stone and there is no previous case pending against the Petitioners. However, he vehemently 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.20,000/- (Rupees Twenty Thousand only) each, as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court.
6. Merely, because the Petitioners have deposited the said amount, it would not amount to admission of his 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.20,000/- (Rupees Twenty 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 his arrest or on his appearance and on production of proof of payment of the above amount (b) the Petitioners 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court No.II, Kancheepuram, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:- (c) the sureties shall affix their photographs and left thumb impression in the surety bond.
Bank Passbook with Photo affixed and attested by the Bank Manager as proof of Identity.
(d) the Petitioners shall report before the Respondent Police daily at 10.00 a.m., until further orders.
(e) the Petitioners shall not influence, threaten or coerce the 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 Investigation Officer shall exercise the discretion to cancel the bail by approaching the Court of the learned Judicial Magistrate/Trial Court. (h) the learned Judicial Magistrate/Trial Court shall on application for cancellation of bail bond by the Investigation Officer shall pass appropriate orders as though bail granted by the learned Judicial Magistrate/Trial Judge himself/herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(i) if the Accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
06.10.2022 rgi
SATHI KUMAR SUKUMARA KURUP., J.
dna 06.10.2022