M. Thiyagarajan v. State Rep.By

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Section 379 & 430 of IPC in Crime No.498 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 27.08.2023, the Respondent police found that near Vazhiyur Village a Ashok Leyland lorry bearing Reg. No.TN 32 T 4999 transporting two units of rough mud, without any permission from any authorities and when the Respondent intercepted the lorry, the driver of the lorry flew away from the scene of occurrence. Hence the complaint. 3.The learned Counsel for the Petitioner would submit that the rough mud was taken from the patta land of one Vetrivel to level his land and it is not a river sand. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner.

4.The learned Government Advocate (Crl. Side) for the Respondent would submit that the Petitioner illegally transported two units of morumbu sand. He vehemently opposed to grant anticipatory bail to the Petitioners. 5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either sides and the 1/ 4

nature and gravity of the offence, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 7.Accordingly, 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 Petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arani, on condition that the Petitioner shall execute a separate bond for a sum of Rs.

[b] the Petitioner shall report before the Respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required;

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[c] the Petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the Petitioner 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 Petitioner 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.

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RMT.TEEKAA RAMAN, J.

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