Ramu v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 and 430 IPC read with Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.427 of 2023, on the file of the respondent police seek anticipatory bail.

2.The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in the case registered in Crime No.427 of 2023, for the offences under Sections 379 and 430 IPC read with Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957. Thus, he seeks anticipatory bail to the petitioners.

3. It is stated by the learned Government Advocate (Crl.Side) that, on 30.07.2023, at about 10.00 hours, defacto complainant received an information that the first petitioner illegally transported river sand using a JCB bearing registration No.TN 93 B 5280, which belongs to the 1/5

second petitioner and they stored the river sand in the land of one Mani. He also stated that the first petitioner has three previous cases pending against him and the second petitioner has no previous case pending against him. It is also stated that the JCB and the river sand had been recovered. Thus, he prayed for dismissal of this petition. 4.Considering the fact that the vehicle and the river sand had been recovered, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, 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 Judicial Magistrate II, Thirupathur, on condition that the petitioners shall execute a separate bond for a sum of Rs.

2/5

[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 first petitioner without prejudice to his defence shall deposit a non-refundable sum of Rs.5,000/- (Rupees Five Thousand only), by way of Demand Draft to the District Revenue Officer, Vellore District and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that merely, because the first petitioner deposits 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.

[c] the petitioners shall report before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required by the respondent police.

[d] the petitioners shall not abscond either during investigation or trial.

3/5

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] 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 petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 20.10.2023 sli 4/5

C.V.KARTHIKEYAN, J.

sli 20.10.2023 5/5