Sarathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sarathi S/o. Mohan

...Petitioner/Accused-1

Vs.

State represented by the Inspector of Police, Virudampet Police Station, Virudampet, Vellore District.

(Crime No.283 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No. 283 of 2023 on the file of respondent police on such terms and conditions. For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner is an accused in Crime No.283 of 2023, registered by the respondent police for the offences punishable under Sections 379 & 430 of IPC r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, and he had been arrested and remanded to judicial custody on 06.10.2023, seeks bail.

2. The case of the prosecution is that the petitioner was alleged to have transported two bags of river sand (each bag containing 25 kgs) in a TVS XL scooter bearing Regn.No.TN-23-AV-8280. Hence the complaint.

3. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in this case. He further stated that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent 2/6

stated that the petitioner has illegally transported 2 bags (50 kgs) of river sand without any valid license. He further stated that there are three previous cases pending against the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5. In order to curb 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 District Revenue Officer, Vellore District, without prejudice to his rights and contentions before the trial Court.

6. Merely, because the 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.

7. Taking into consideration the facts and circumstances and the submissions made by the learned counsels, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6

8. Accordingly, the petitioner shall make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of District Revenue Officer, Vellore District, and on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate No.III, Vellore, and on further conditions that :- [a] 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 petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 4/6

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 absconds, a fresh FIR can be registered under Section 229A IPC.

30.10.2023 ata To

1. The Judicial Magistrate No.III, Vellore.

2. Central Prison, Vellore.

3.The Inspector of Police, Virudampet Police Station, Vellore District.

4.The Public Prosecutor, High Court of Madras C.V.KARTHIKEYAN.

J.

5/6

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