Mari v. State Rep By Its,

C.V.KARTHIKEYAN, J.

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 & 430 IPC read with Section 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, in Crime No.363 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.363 of 2023, for the offences under Sections 379 & 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 27.10.2023, at about 11.00 p.m, defacto complainant along with the police party were engaged in routine surveillance near Kosathalai river. At that time, they found the accused transporting river sand of 1⁄4 1/4

unit each in four bullock carts. It is also stated that the vehicle and the river sand had been recovered. Thus, he prayed for dismissal of this petition.

4.Considering the fact that 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, Arakkonam, on condition that the petitioners shall execute a separate 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 Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[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. 2/4

[b] the petitioners without prejudice to their defence shall deposit a non-refundable sum of Rs.15,000/- (Rupees Fifteen Thousand only), jointly, by way of Demand Draft to the District Revenue Officer, Ranipet 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 petitioners deposit the said amount, it would not amount to admission of their 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.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial. 3/4

C.V.KARTHIKEYAN, J.

sli [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. 22.11.2023 sli Crl.O.P.No.26476 of 2023 4/4