C.Venkalam, v. The Sub 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.18940 of 2018 C.VENKALAM ... PETITIONER/ ACCUSED No. 2 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE SEEVALAPERI POLICE STATION, SEEVALAPERI, TIRUNELVELI DISTRICT.
(CRIME NO.72/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.AJMEER KAJA Advocate For Respondent : MRS.M.ANANTHA DEVI, 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. in Crime No.72 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 28.04.2018, 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 1⁄4 unit and the same was recovered.
He further submitted that there are two previous cases are 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.
five 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.5,000/- (Rupees five 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 No.
III, Tirunelveli 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 daily at 10.30 a.m for a period of two weeks and thereafter, 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 NO III TIRUNELVELI 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE SUB INSPECTOR OF POLICE SEEVALAPERI POLICE STATION, SEEVALAPERI, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:- THE OFFICER IN CHARGE DISTRICT MINERAL COUNDATION TRUST, TIRUNELVELI +1. CC to MR.AJMEER KAJA Advocate SR.No.20353
ORDER
IN CRL OP(MD) No.18940 of 2018 Date :25/10/2018 MSI/JC/SAR-IV/01.11.2018-3P/7C