Arun v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14586 of 2017 1 ARUN 2 VELKUMAR ... PETITIONER 1 AND 2 / ACCUSED 1 AND 2 Vs THE STATE REP.BY, THE SUB-INSPECTOR OF POLICE VEERAKERALAMPUDUR POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.281/17 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.K.ESAKKI Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused Nos.1 & 2, apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 353, 506(ii) and 379 I.P.C, in Crime No.281 of 2017 on the file of the respondent Police, seek anticipatory bail.
2.The case of the prosecution is that on 13.10.2017, the petitioners illegally transported river sand through vehicle, without valid licence. When the respondent police questioned the same, the petitioners abused the respondent police and threatened with dire consequences. Hence, the vehicle seized by the respondent police and a case has been registered against the petitioners for the above said offences.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by prosecution and pray for anticipatory bail. 4.The learned Government Advocate (Criminal side) appearing for the respondent Police, on instructions, would submit that the investigation is still pending and no previous case is pending against the petitioners. He further submitted that if the persons are 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, 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 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 no case is pending against the petitioner, may be directed to deposit a sum of Rs.20,000/- [Rupees Twenty Thousand only] to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions.
6. Merely, because the petitioners have deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.
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. Accordingly, the petitioners are ordered to be released on anticipatory bail, subject to the following conditions: (i) the petitioners shall deposit a sum of Rs.20,000/-(Rupees Twenty Thousand only) to the credit of the concerned District Mineral Foundation Trust Fund, without prejudice to his defence before the Trial Court and thereafter, the learned Magistrate shall accept the sureties furnished by the petitioner;
(ii) the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees twenty five thousand only)each, with two sureties each for a likesum to the satisfaction of the Judicial Magistrate Court, Alangulam;
(iii) the petitioners shall report before the respondent Police daily between 10.00 a.m. and 11.00 a.m., for a period of two weeks;
(iv) the petitioners shall not tamper with evidence or witness either during investigation or trial; (v) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(vi) the petitioners shall not commit any offence while on bail;
(vii) 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 and the bail granted stands cancelled automatically.
sd/- 30/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ALANGULAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUB-INSPECTOR OF POLICE, VEERAKERALAMPUDUR POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE OFFICER IN CHARGE, DISTRICT MINERAL FOUNDATION TRUST FUND, TIRUNELVELI. +1. CC to M/S.K.ESAKKI Advocate SR.No.33451
ORDER
IN CRL OP(MD) No.14586 of 2017 Date :30/10/2017 MKV-PM-PN-SAR 4/8.11.2017/3P-7C