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Madras High CourtCRL OP(MD)/16571/2017granted

Bharathi Dasan, v. The Sub Inspector Of Police,

2017-12-04Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16571 of 2017 BHARATHI DASAN ... PETITIONER / ACCUSED(RANK NOT KNOWN) Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.223 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK 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 petitioner/Accused, who was arrested and remanded to judicial custody on 15.11.2017 by the respondent police for the offences punishable under Section 379 of I.P.C., in Crime No.223 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner illegally transported river sand through his vehicle. When the defacto complainant tried to prevent the same, the petitioner and his driver fled away from the scene of occurrence. Hence, a case has been registered against the petitioner for the above said offences. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offences as alleged by the prosecution. He fairly conceded that the petitioner is ready and willing to deposit a sum of Rs.

30,000/- (Rupees Thirty Thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions. 4.

units of sand through his vehicle and his vehicle was seized by the respondent police.

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 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 deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions.

6.Merely, because the petitioner has deposited the said amount, it would not amount to admission of his 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 (Criminal Side), I am inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like-sum to the satisfaction of the learned Judicial Magistrate, Sathankulam;

(ii) the petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of the concerned District Mineral Foundation Trust Fund, without prejudice to his defence before the trial Court and therefore, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(iii) the petitioner shall report before the respondent police, daily between 10.00 a.m., and 11.00 a.m., until further order;

(iv) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioner shall not abscond either during investigation or trial;

(vi)the petitioner 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 petitioner in accordance with law and the bail granted stands cancelled automatically.

sd/- 04/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SATHANKULAM.

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

3. THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI.

4. THE SUB INSPECTOR OF POLICE, NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.

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

COPY TO:- THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST FUND, THOOTHUKUDI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.35521

ORDER

IN CRL OP(MD) No.16571 of 2017 Date :04/12/2017 MS/CM-VR/SAR.3/04.12.2017/3P.8C