Nagendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of August Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD) No.15458 of 2018 1 NAGENDRAN 2 SUNDARAM@MEENAKSHISUNDARAM ... PETITIONER / ACCUSED 1 & 2 Vs STATE REP BY THE INSPECTOR OF POLICE THONDI POLICE STATION, RAMNAD DISTRICT CR NO.126/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : MRS.ANANTHA DEVI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and 21

(4) of Mines and Minerals Act in Crime No.126 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that when the defacto complainant was conducting usual checkup, at that time, he came to know that the accused persons were illegally trying to transport river sand in a tipper lorry. On seeing, the defacto complainant the accused persons were ran away from the occurrence place. Hence, the respondent police registered a case.

3.The learned Government Advocate (Crl.side) states that the first accused is having one previous case in similar nature. 4.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) (Rs.15,000/- for each petitioner) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to her rights and contentions before the trial Court.

5.Considering the facts and circumstances of this case, this Court is 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 before the learned Judicial Magistrate, Thiruvadanai and on each of them 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners 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/- 30/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGAISTRATE THIRUVADANAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE THONDI POLICE STATION, RAMNAD DISTRICT 4 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE OFFICER IN CHARGE DISTRICT MINERAL FOUNDATION TRUST, RAMANATHAPURAM.

ORDER

IN CRL OP(MD) No.15458 of 2018 Date :30/08/2018 TR/JC/SAR-2 (06/09/2018) 3P/6C