Arunkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18652 of 2018 ARUNKUMAR ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT.

CRIME NO. 240 OF 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.K.M.KARUNAKARAN Advocate For Respondent : MR.M.ASOKAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 I.P.C. read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.240 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has transported the sand illegally without valid permission. Hence, a case has been registered.

3.Heard the learned counsel appearing for the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the quantity of sand involved is 1 1⁄2 unit and the same was recovered. He further submitted that there is no previous is pending against the petitioner.

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.10,000/- (Rupees ten thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court. 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.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner shall deposit a sum of Rs.

10,000/- (Rupees ten thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit he is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Cum District Munsif, Pappanasam, Thanjavur District and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 8.

The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 25/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, PAPPANANSAM , THANJAVUR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

COPY TO:- THE OFFICER IN CHARGE DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT +1. CC to MR.K.M.KARUNAKARAN Advocate SR.No.20268

ORDER

IN CRL OP(MD) No.18652 of 2018 Date :25/10/2018 MSI/JC/SAR-IV/01.11.2018-3P/7C