G.Venkatesh, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.374 and 367 of 2019 G.VENKATESH ... PETITIONER / ACCUSED No.3 IN CRL OP(MD)No.374 of 2019 1.SARATHKUMAR 2.KABILAN ... PETITIONERS / ACCUSED No.1 and 2 IN CRL OP(MD)No.367 of 2019 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.
Crime No.348/2018 ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS For Petitioner : Mr.P.VADIVEL Advocate IN CRL OP(MD)No.374 of 2019 For Petitioners: Mr.K.M.KARUNAKARAN Advocate IN CRL OP(MD)No.367 of 2019 For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) IN BOTH PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners are in judicial custody since 30.12.2018 for the offences punishable under Section 379 IPC and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.348 of 2018 on the file of the respondent police and seek bail. 2.The case of the prosecution is that when the defacto complainant was on duty in usual vehicle check up, the petitioners illegally transported 2 1⁄2 units of river sand in total, without having any proper licence or permission and the petitioners have been secured by the respondent police.
3.The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case and they had nothing to do with the alleged offence.
4.The learned Government Advocate (Crl.side) appearing for the State submitted that if the persons are caught with illegal sand in the mining area, they have 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 district, the amount may be deposited to the credit of the said Trust for rehabilitation in the illegal sand mining affected areas.
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 petitioners, this Court is of the opinion that each of the petitioners are directed to make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) each, in total Rs.15,000/- [Rupees Fifteen Thousand only] to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions.
6. Considering the facts and circumstances of the case and considering the period of incarceration of the petitioners, this Court is inclined to grant bail to the petitioners.
7. Accordingly, the petitioners are ordered to be released on bail on executing 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 learned District Munsif cum Judicial Magistrate, Papanasam and on further condition that:
[a] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required.
[b] each of the petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) each, in total Rs.15,000/- [Rupees Fifteen Thousand only] 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 thereafter, the learned Judicial Magistrate shall admit the sureties furnished by the petitioners; [c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners shall not tamper with evidence or witness 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 09/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PAPANASAM. 2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3.THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT. 4.THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.
5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT. +1. CC to Mr.P.VADIVEL Advocate SR.No.487 +1. CC to Mr.K.M.KARUNAKARN Advocate SR.No.475
ORDER
IN CRL OP(MD) No.374 and Date :09/01/2019 TK/VR/SAR-2/09.01.2019/3P/9C