Kaliyaperumal v. The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest for the alleged offences punishable under Sections 379, 511 of IPC r/w 21(1) of Mines and Minerals (Development & Regulation) Act, in Crime No.444 of 2022 on the file of the respondent police, seek anticipatory bail. 2.It is the case of the prosecution that on 30.11.2022, when the Assistant Director of Geology, Mines and Minerals Department, Cuddalore was in routine vehicle checkup, seized the lorry bearing Registration No.TN 52 H 2175 for carrying pebble stones without any valid license from the 1st petitioner's land. Hence, the case. 3.The learned counsel appearing for the petitioners would submit that the 1st petitioner is the land owner and the 2nd petitioner is the owner of the vehicle. Due to which, they have been falsely implicated in this case. However, on instructions, the learned counsel submitted that the petitioners, on their own volition, are ready and willing to contribute to the credit of the Vadalur Sathya Dharma Salai, Thiruarutprakasa Vallalar Page No.1/4

Dheiva Nilayam, Vadalur - 607303, Cuddalore District, that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners have illegally transported pebble stones. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.1, Panruti on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand Page No.2/4

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 Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the 1st petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) and the 2nd petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Vadalur Sathya Dharma Salai, Thiruarutprakasa Vallalar Dheiva Nilayam, Vadalur - 607303, Cuddalore District, A/c. Name: Vallalar Deiva Nilayam, Vadalur, A/c. No.028101000000232, Indian Overseas Bank, Vadalur Branch, Branch Code-0281, IFSC Code-IOBA0000281 within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below;

[b] 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;

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T.V.THAMILSELVI,J.

sp [c] the petitioners are directed to report before the respondent police on every Wednesday at 10.30a.m., for a period of eight weeks;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond 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.

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