Murugan Alias Kandukkai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17020 of 2017 1 MURUGAN ALIAS KANDUKKAI MURUGAN 2 MURUGESAN ... PETITIONERS / ACCUSED Nos.1 & 2 Vs THE STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE MAMSAPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT , CR NO. 276/2017. RESPONDENT / COMPLAINANT For Petitioners : Mr.T.SUGADEV 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 learned counsel for the petitioner seeks permission of this Court to withdraw the petition in respect of the second petitioner and he has also made an endorsement to that effect. 2.

In view of the endorsement made by the learned counsel for the petitioner this criminal original petition is dismissed as withdrawn in respect of the second petitioner alone and the first petitioner is release on bail with following conditions:- 3.The petitioner, who are arrayed as Accused No.1, apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 IPC and r/w 21 (1) Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.276 of 2017, on the file of the respondent police, seeks anticipatory bail. 4.The case of the prosecution is that on 25.11.2017, when the respondent police conducted a inspection and they found that the petitioner and other accused have illegally transported river sand through vehicle.

Hence, a case has been registered against the petitioner and other accused for the above said offences. 5.

offences as alleged by the prosecution and prays for anticipatory bail.

6.The learned Government Advocate (Criminal side) appearing for the State submitted that the offending vehicle along with sand was seized by the respondent police and 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, the amount may be deposited to the credit of the said Trust for rehabilitation in the illegal sand mining affected areas. 7.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 petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions.

8.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. 9.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 petitioner with certain conditions. 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 Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) 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 petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen 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 first petitioner;

(ii) the petitioner 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 petitioner shall make himselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(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) the petitioner 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/- 11/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE MAMSAPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.M.JEGADEESH PANDIAN Advocate SR.No.36064 JAM/15.12.17/CM/ SAR 1/ 3P-6C

ORDER

IN CRL OP(MD) No.17020 of 2017 Date :11/12/2017