Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD). No.9030 of 2022

1. Selvam

2. Ponnusamy

3. Pavunraj

4. Kamatchi ... Petitioners/Accused No.2 to 5 Vs State rep.by The Inspector of Police, Palamedu Police Station, Palamedu, Madurai District.

(Crime No.61 of 2022) ... Respondent/Complainant For Petitioners : Mr.N.Pragalathan, Advocate. For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.61 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A2 to A5, who is apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.61 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally transported 1⁄4 unit of red sand using bullock cart. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. However, on instruction, he would

further submit that the petitioners are ready to deposit any amount to the concerned District Mineral Foundation Trust without prejudice to their rights.

4.The learned Government Advocate(Criminal Side) appearing for the State submitted that the vehicle was seized by the respondent police and there is one previous case pending against the petitioners. 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 in each district, the amount may be deposited to the credit of the said Trust for rehabilitation in the areas affected by illegal sand mining.

5.In view of the rehabilitation undertaken by the State Government under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities and also considering the submission made by the learned counsel for the petitioners, this Court is of the opinion that the petitioners are directed to make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) jointly to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions. This amount so deposited shall be utilized by the Trust for rehabilitation works.

6.It is made clear that the deposit of the amount by the petitioners to the Trust would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of anticipatory bail. 7.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal side), this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

8.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 learned Special Court for MMDR Act, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each 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 Sessions Judge concerned and on further condition that: (i)if the petitioners fails to surrender before the concerned Sessions Judge within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled.

(ii) the petitioners shall make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to their defence before the trial Court and the learned Sessions Judge, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioners;

(iii) the sureties shall affix their photographs and left thumb impression in the surety bond and the Sessions Judge/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(iv)the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of two weeks, thereafter, as and when required.

(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)On breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Sessions Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(viii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 11/05/2022 / TRUE COPY / 12/05/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM/AAV Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDGE, SPECIAL COURT FOR MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, MADURAI.

2. THE INSPECTOR OF POLICE, PALAMEDU POLICE STATION, PALAMEDU, MADURAI DISTRICT.

3. THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9030 of 2022 Date :11/05/2022 SP/PN/SAR II/12/05/2022/4P/5C