Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4435 of 2019 PRAKASH ... PETITIONER/ ACCUSED No.2 Vs THE INSPECTOR OF POLICE VELLIYANAI POLICE STATION, KARUR DISTRICT.

Crime No.225 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SATHYACHIDAMBARAM Advocate For Respondent : PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is apprehending arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC r/w.Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.225 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that three units of sand has been illegally transported by the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instruction, he would further submit that the petitioner is ready to deposit any amount to the District Mineral Foundation Trust without prejudice to his rights.

4. The learned Government Advocate(Crl.side) appearing for the State submitted that the vehicle was seized by the respondent police and there is no previous case pending against the petitioner. 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 district, 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 petitioner is 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 his 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 petitioner 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 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 No.II, Karur District on condition that the petitioner shall execute a 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 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 petitioner fails 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 petitioner shall make a non refundable deposit of Rs.

(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 petitioner shall report before the respondent police at 10.30.a.m., until further orders.

(v) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(vi) the petitioner 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/- 25/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II, KARUR DISTRICT. 2.THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3.THE INSPECTOR OF POLICE VELLIYANAI POLICE STATION, KARUR DISTRICT.

4.THE CHARIMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, KARUR DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SATHYACHIDAMBARAM Advocate SR.No.5450

ORDER

IN CRL OP(MD) No.4435 of 2019 Date :25/03/2019 TK/PN/SAR-2/27.03.2019/3P/7C