Viswanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22997 of 2018 1 VISWANATHAN 2 SARAVANAN ... PETITIONERS /A-2 AND A3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, HANJAVUR DISTRICT.

(CRIME NO.225/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.T.SASIDHARAN TAMILKANI, Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development) Act, 1957 in Crime No.225 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 20.12.2018, during vehicle cheque up by the respondent police, they found that the petitioners unlawfully quarried the river sand and transported the same through Tipper Lorry bearing Registration Number. TN 28 AS 4144 belongs to A1 without any valid permission.

3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the State. 4.According to the petitioners, they have not committed any offence as alleged by the prosecution and for statistical purpose, a false case has been registered against them.

5.The learned Government Advocate (Crl.Side) opposed the grant of anticipatory bail by stating that the petitioners illegally transported 2 units of river sand.

6.At this juncture, the learned counsel appearing for the petitioners would submit that the petitioners will make payment of Rs.30,000/- to show their bonafide.

7.Considering the facts and circumstances of the case and also taking into consideration of the fact that the case is relates to theft of sand, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions: (i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru;

(ii) the petitioners shall make a non refundable deposit of Rs.30,000/-(Rupees thirty thousand only) each 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 thereafter, the learned Judicial Magistrate shall admit the sureties furnished by the petitioners. It is made clear that the bonafide offer made by the petitioners to deposit the amount would not amount to admitting the guilt; (iii) the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders, failing which, the petition for anticipatory bail shall stand automatically cancelled; sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.

4 THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR DISTRICT.

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

+1. CC to MR.S.T.SASIDHARAN TAMILKANI Advocate SR.No.24116

ORDER

IN CRL OP(MD) No.22997 of 2018 Date :27/12/2018 AMS/VR/S-3/04.01.2019/3P/7C