Palani v. The State Rep By Its
CRL OP NO.30801 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO.30801 of 2024 Palani Petitioner(s) Vs State rep. by The Inspector of Police, Peranamallur Police Station, Tiruvannamalai District.
Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of BNSS Act), pleased to enlarge the petitioner on bail in the event of arrest in Crime No.456 of 2024 on the file of the respondent police.
For Petitioner(s):
E.Sathiyaraj Elangovan For Respondent(s):
S.Santhosh Government Advocate (Crl. Side)
ORDER
Apprehending arrest in connection with Crime No.456 of 2024, registered for the offences
punishable under Sections 303(2) and 326(a) of BNS Act and Section 21(5) of Mines and Minerals (Development & Regulation) Act, 1957, the present petition has been filed seeking anticipatory bail.
2.The case of the prosecution is that on 25.11.2024 at about 08.00 a.m., A1 illegally transporting 2 unit of sand using the vehicle bearing Registration No.TN 30 K 8956. Hence, the case.
3.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that A1 arrested and released on bail by the learned Principal District Judge, Tiruvannamalai in Crl.M.P.No.456 of 2024 dated 21.11.2024. He would further submit that the petitioner has not committed any offence as alleged by the respondent police and he is ready to abide by any stringent condition that may be imposed by this Court. He would also submit that the petitioner is ready to deposit a considerable amount to any Charitable Institution. 4.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that on 25.11.2024 at about 08.00 a.m., A1 illegally transporting 2 unit of sand using the vehicle bearing Registration No.TN 30 K 8956. On the confession of A1, the petitioner herein has
been roped in this case. He would further submit that there are four previous cases as against the petitioner.
5.Having heard the learned counsel for the petitioner, and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.In respect of grant or refusal of anticipatory bail to the persons indulging in illegal sand mining, smuggling and theft of sand and minerals, the Apex Court in S.Mohamed Shahul Hameed Vs. State rep. by the Inspector of Police (Special Leave to Appeal (Crl.) No.6029 of 2020 dated 11.12.
2020), while expressing disagreement with the sweep observation made by this Court on the aspect of continuous misuse of discretionary power by the offenders and the enforcers as well in an organised manner, has clarified that in consideration of anticipatory bail, the role assigned to a person would have to be considered. 7.Taking into consideration the facts and circumstances of the case and the sand involved is small quantity and that there are four previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
bail, the petitioner may be directed to make a non-refundable deposit of a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of "The District Legal Services Authority, Thiruvannamalai District", without prejudice to his rights and contentions before the trial Court.
8.It is made clear that merely because the petitioner is depositing the amount, it would not amount to the petitioner admitting his guilt in the criminal case and such amount is being paid without prejudice to the right of the petitioner. 9.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 "The District Legal Services Authority, Thiruvannamalai District", 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Cheyyar, Tiruvannamalai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 said Magistrate, on further condition that:
[a] the petitioner and the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar Card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the trial Court on all working days at 10.30 a.m., for a period of two weeks and thereafter on the date fixed by the learned Trial Judge;
[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 absconds, a fresh FIR can be registered under Section 269 of BNS.
11-12-2024 ah To 1.Judicial Magistrate, Cheyyar, Tiruvannamalai District. 2.The Inspector of Police, Peranamallur Police Station, Tiruvannamalai District.
A.D.JAGADISH CHANDIRA, J.
ah CRL OP NO. 30801 of 2024 11.12.2024