S .Arun @ Arunraj, v. State Rep By The Inspector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19468 of 2018 1 S.ARUN @ ARUNRAJ 2 R.MURUGESAN 3 PALANIYANDI ... PETITIONERS / ACCUSED NO.3,4,5 Vs STATE REP BY THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, KATTUPUTHUR, TRICHY DISTRICT.
CRIME NO.203 of 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.K.ARUNRAJ Advocate For Respondent : Mrs.M.ANANTHA DEVI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A3 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of I.P.C. read with 21(1) Mines and Minerals Act, in Crime No.203 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that on 28.10.2018, the petitioners and others were transporting sand by using Bullock Cart without any permit or license. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioners. 4.The learned Government Advocate (criminal side) appearing for the respondent submitted that the quantity of sand involved is half unit and the same was recovered.
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 petitioners are directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) jointly as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions before the trial Court. 6.Merely, because the petitioners have 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 petitioners with certain conditions. Accordingly, the petitioners shall deposit a sum of Rs.
5,000/- (Rupees five thousand only) jointly as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit, they are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Musiri, on each of them executing 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 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. 8.
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/- 31/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MUSIRI.
2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, KATTUPUTHUR, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.ARUNRAJ Advocate SR.No. 20754
COPY TO:
THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, TRICHY DISTRICT.
ORDER
IN CRL OP(MD) No.19468 of 2018 Date :31/10/2018 JM/VR MMS/SAR 1/01.11.2018/3P/7C