Vimalan, S/O.Sathiah, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16230 of 2017 1 VIMALAN 2 KARUMALAI @ KARUMALAYAN ... PETITIONERS/ ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.265 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.G.VISHNURAM, Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as accused Nos.1 and 2, who were arrested and remanded to judicial custody on 10.11.2017 for the alleged offences punishable under Sections 353 and 307 IPC., and Section 21(1) of Tamil Nadu Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.265 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 10.11.2017, while the defacto complainant/Village Administrative Officer was monitoring the sand theft, the petitioners have illegally transported river sand through a lorry bearing Registration No.TN-65-L-5103. Hence, a case has been registered against the petitioners for the above said offences and the petitioners were arrested and remanded to judicial custody from 10.11.2017.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that the petitioners' vehicle along with sand was seized by the respondent police and there is no previous case pending against the petitioners. He further submitted that if a 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, 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 the petitioners are directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) totally, 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 with certain conditions. 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, Paramakudi, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.

25,000/- (Rupees twenty five thousand only) each, with two sureties 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)the petitioners shall deposit a sum of Rs.

(ii) 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;

(iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) 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)the petitioners shall not commit any offence while on bail;

(viii) 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 anticipatory bail granted stands cancelled automatically.

sd/- 27/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3. THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

4. THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST FUND, RAMANATHAPURAM.

+1. CC to M/S.G.VISHNURAM Advocate SR.No.35165

ORDER

IN CRL OP(MD) No.16230 of 2017 Date :27/11/2017 MS/PM-PN/SAR.2/27.11.2017/3P.8C