Baskar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17535 of 2017 BASKAR ... PETITIONER/ACCUSED No.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, NAVALPATTU POLICE STATION, TRICHY DISTRICT.

(CR.NO.267 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : Mr.T.SENTHIL KUMAR Advocate For Respondent : 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 petitioner, who is arrayed as Accused No.1, apprehends arrest at the hands of the respondent police for the offence punishable under Section 21(4) of Mines and Minerals Act and 379 of I.P.C., in Crime No.267 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 08.12.2017, when the respondent police conducted routine vehicle checkup, they found that the petitioner and other accused were illegally transported river sand. On seeing the respondent police one of the accused person fled away from the scene of occurrence and the driver of the vehicle was caught by the respondent police. 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 person and he has not committed any offences as alleged by the prosecution and prays for anticipatory bail. 4.The learned Government Advocate (Criminal side) appearing for the State submitted that the 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. 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 petitioner is directed to deposit a sum of Rs.60,000/- (Rupees sixty 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 (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.III, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.

(i)the petitioner shall deposit a sum of Rs.60,000/- (Rupees Sixty 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;

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

(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 anticipatory bail granted stands cancelled automatically.

sd/- 20/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO III TRICHY 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, NAVALPATTU POLICE STATION, TRICHY DISTRICT.

4 THE OFFICER IN CHARGE, DISTRICT MINERAL FOUNDATION TRUST TRICHY DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.SENTHIL KUMAR Advocate SR.No.36646

ORDER

IN CRL OP(MD) No.17535 of 2017 Date :20/12/2017 rmk SH/CM/SAR-4:27.12.2017:3p/7c