Viji v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17163 of 2017 1 VIJI 2 RAJARAJAN ... PETITIONERS / ACCUSED 1,2 Vs STATE THROUGH THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT, CRIME NO.304/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.R.MAHESWARAN Advocate For Respondent : MR.M.MURUGAN, FOR MR.K.ANBARASAN Government 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, apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 324, 323, 506(ii) I.P.C., r/w 3(1) of PPDL Act., in Crime No.304 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant with regard to sand theft committed by the petitioners herein, the petitioners attacked the defacto complainant. Hence, the defacto complainant lodged a complaint against the petitioners herein. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. However, he ready to abide the condition imposed by this Court.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that due to previous enmity between the petitioners and the defacto complainant with regard to sand theft committed by the petitioners herein, the petitioners attacked the defacto complainant. 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. 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.30,000/- (Rupees Thirty 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 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 Judicial Magistrate No.III, Thanjavur, 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 are directed to 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 their defence before the trial Court and thereafter, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners;

(ii) the petitioners shall report before the respondent police, daily at 10.30 a.m until further orders.

(iii) the petitioners shall report before the respondent police, as and when required for interrogation; (iv) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) 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/- 13/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA TO 1 THE JUDICIAL MAGISTRATE NO.III, THANJAVUR 2 THE CHIEF JUDICIAL MAGISTRTE THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

+1. CC to M/S.R.MAHESWARAN Advocate SR.No.36089 GJM/CM/SAR-4-14.12.2017-3P-7C

ORDER

IN CRL OP(MD) No.17163 of 2017 Date :13/12/2017