P.Prasath v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 P.PRASATH 2 R.AJAY @ AJAYKUMAR ... PETITIONER / ACCUSED 1& 2 Vs THE SUB INSPECTOR OF POLICE THIRUPPUNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.
CRIME NO.6 OF 2024.
... RESPONDENT / COMPLAINANT For Petitioner : M/S.SATHISH KUMAR K Advocate For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO.6 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 379 IPC r/w Sections 21(1), 21(2) of Mines and 1/6
Minerals (Development and Regulation) Act, 1957 in Cr.No.6 of 2024, seek anticipatory bail.
2.The case of the prosecution is that the petitioners were found in illegal transportation of 1⁄4 unit of river sand using cement bags in a two wheeler. Hence, the case.
3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. However, on instructions, he further submitted that the petitioners, without prejudice to their rights, are ready to deposit the amount a sum of Rs.5,000/- (Rupees Five Thousand only) jointly to the High Court Environmental Committee and hence, he prays for anticipatory bail.
4.The learned Government Advocate (Crl.Side) appearing for the respondent Police strongly opposed to grant anticipatory bail stating that the petitioners had transported 1⁄4 unit of river sand illegally and the said vehicle involved was seized by the respondent Police and the investigation is going on. 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 the petitioners shall be 2/6
directed to make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) jointly to the credit of the Environmental Committee Operated by Registrar (Judicial) [Account No.7633863037; MICR Code: 625019020, CIF No: 30602376727, IFSC Code: IDIB000H040, High Court Branch, Madurai (2001)], without prejudice to their rights and contentions.
6.It is made clear that the deposit of the amount by the petitioners 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), this Court is 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, Aranthangi, on condition that the petitioners shall execute a bond for a sum of Rs.
period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b)the petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) jointly to the credit of the Environmental Committee Operated by Registrar (Judicial) [Account No.7633863037; MICR Code: 625019020, CIF No: 30602376727, IFSC Code: IDIB000H040, High Court Branch, Madurai (2001)], 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;
(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(d)the petitioners shall report before the respondent police as and when required;
(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f)the petitioners shall not abscond either during investigation or trial; (g)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 4/6
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]; and; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 02/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE THIRUPPUNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:
THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-1424[I] dated 05/02/2024 )
ORDER
IN Date :02/02/2024 SA/JGB/SAR. /07.02.2024/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6