Divya Kumaresan v. State Rep. By
SATHI KUMAR SUKUMARA KURUP., J.
The Petitioner, who apprehends arrest at the hands of the Respondent Police for the offences punishable under Sections 379, 430 of IPC, in Crime No.450 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the allegation against the Petitioner is that in the tipper lorry owned by her, half unit of sand was illegally transported. Hence the complaint.
3. The learned counsel for the Petitioner submitted that the Petitioner is an innocent person. That she did not commit any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the Petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the Respondent had seized three units of river sand. However, he vehemently opposed to grant anticipatory bail to the Petitioner. 1/5
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 Petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable deposit to the credit of the District Mineral Foundation Trust, in the District concerned, without prejudice to his rights and contentions before the trial Court.
6. Merely, because the Petitioner has 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 Petitioner with certain conditions :- (a) the Petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable deposit to the credit of the District Mineral Foundation Trust in the District concerned within fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the 2/5
Petitioner is 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 Petitioner 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 No.II, Ponneri, 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. The Police Officer who intends to arrest or the learned Judicial Magistrate before whom the Petitioner surrenders and the sureties execute bond shall obtain a copy of their Identity Card, Aadhar Card, or Voter Identity Card or Driving Licence or PAN Card or Bank Passbook with Photo affixed and attested by the Bank Manager as proof of Identity.
(d) the Petitioner shall report before the Respondent Police daily at 10.00 a.m., until further orders.
(e) the Petitioner shall not influence, threaten or coerce the witness either during investigation or trial;
(f) the Petitioner 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. 3/5
(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 rna 4/5
SATHI KUMAR SUKUMARA KURUP., J.
rna 06.10.2022 5/5