Shanmugam, S/O.Alagan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.1915 of 2019 1 SHANMUGAM 2 MURALI @ SARAVANAN 3 SELVAM ... PETITIONERS / ACCUSED NO.1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.
CRIME NO.4 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.P.GANAPATHI SUBRAMANIAN, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 379 IPC r/w Section 21(1) of the Tamil Nadu Mines and Minerals(Development and Regulation) Act, 1957, in Crime No.4 of 2019, seek anticipatory bail.
2.The case of the prosecution is that while the Sub Inspector of Police was patrolling with police team on 09.01.2019 these petitioners were transporting three unit of sand as illegally in his lorry bearing Registration No.TN 50D 9732 without any permit. 3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instruction, he would further submit that the petitioners ready to deposit any amount to the District Mineral Foundation Trust without prejudice to their rights.
4.The learned Government Advocate (Crl.Side) appearing for the State submitted that the vehicle was seized by the respondent
police. He further submitted that if the person is caught with illegal sand in the mining area, he has to be directed to deposit the conditional amount to the credit of Crime number. However, in view of formation of District Mineral Foundation Trust in each districts, the amount may be deposited to the credit of the said Trust for rehabilitation in the areas affected by illegal sand mining.
5.In view of the rehabilitation undertaken by the State Government under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities and also considering the submission made by the learned counsel for the petitioner, this Court is of the opinion that the petitioners are directed to make a non-refundable deposit of Rs.45,000/- (Rupees Forty Five Thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions. This amount so deposited shall be utilised by the Trust for rehabilitation works.
6.It is made clear that the deposit of the amount by the petitioners to the Trust would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of anticipatory bail. 7.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), I am inclined to grant anticipatory bail to the petitioners with certain conditions.
8.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 of receipt of a copy of this order, before the learned Judicial Magistrate, Keeranur, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled. (ii) the petitioners shall make a non-refundable deposit of Rs.45,000/- (Rupees Forty Five Thousand only) through Demand Draft to the credit of the Chairman / District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioners;
(iii) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
(iv) the petitioners shall report before the respondent police at 10.30.a.m., until further orders.
(v) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(vi) the petitioners shall not abscond either during investigation or trial;
(vii) 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]; (viii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 06/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3. THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE CHAIRMAN / DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, PUDUKKOTTAI DISTRICT.
+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.2573
ORDER
IN CRL OP(MD) No.1915 of 2019 Date :06/02/2019 MS/JC/SAR-4/11.02.2019/3P.7C