C.Muthusamy, v. State Through
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Fifteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.26283 of 2018 C.MUTHUSAMY [ PETITIONER / ACCUSED ] Vs STATE THROUGH [ RESPONDENT ] THE INSPECTOR OF POLICE, VEDARNIYAM POLICE STATION, NAGAPATTINAM DISTRICT.
(*)CRIME NO.237 OF 2018.
For Petitioner : M/S.R.VENKATESHWAR Advocate For Respondent : MRS.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 of IPC r/w Section 21(1) of M.M.Act 1957 seeks anticipatory bail.
2.The case of the prosecution is that the petitioner had transported 5 unit of the river sand illegally by using a lorry bearing registration number TN 52 C 1054. Hence, a case has been registered.
3.Heard the learned counsel appearing for the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is 5 unit and the same was recovered. He further submitted that there is no previous case pending against the petitioner.
5. In view of the rehabilitation undertaken under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court. 6.Merely, because the petitioner has deposited 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 note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioner shall deposit a sum of Rs.
75,000/- (Rupees Seventy Five thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit, he is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Vedarniyam, Nagapattinam District and on his executing a bond for a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 of Cr.P.C. Scrupulously.
8.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
-sd/- 15/11/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
(*) Amended as per order of this Honble court dated 10.12.2018 made in CRL.M.P.No.16633 of 2018 in CRL.O.P.No.26283 of 2018 TO 1 THE JUDICIAL MAGISTRATE COURT VEDARNIYAM, NAGAPATTINAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, NAGAPATTINAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VEDARNIYAM POLICE STATION, NAGAPATTINAM DISTRICT 5 THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST, NAGAPATTINAM +1CC to M/S.R.VENKATESHWAR Advocate on payment of necessary charges SR.NO.23804 CRL OP.26283/2018 Date :15/11/2018 cm 20/11/2018 cm 14/12/2018