Madras High CourtCRL OP(MD)/12187/2021ordered

P.Mani v. The Inspector Of Police

2021-09-01Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. P.Mani

2. K.Arivazhagan

3. N.Sivanandi

4. Manibharath

5. Jayakumar

...Petitioners/Accused

(Ranks not known) Vs The State rep.by The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

(Crime No.182/2021)

...Respondent/Complainant

For Petitioners : Mr.M.MURUGESAN, Advocate.

For Respondent : Mr.P.KOTTAI CHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.182 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC and Section 21(4) of Mines and Minerals (Development and Regulation Act), 1957 in Crime No.182 of 2021, seek anticipatory bail.

2.The prosecution case is that the petitioners have illegally transported gravel sand by using tipper lorry bearing registration No.TN-57-AY-4398. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. However, to show their bona fide, the petitioners have come forward to pay a sum of Rs.10,000/- jointly, to the credit of Chief Minister's Public Relief Fund. He further 1/3

submitted that the petitioners are ready to file an undertaking affidavit stating that they will not indulge in any offence in future.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the accused nos.2,4 & 7 are having two previous cases to their credits.

5.Considering the nature of mineral involved, the antecedents of the petitioners and their willingness to file an undertaking affidavit and to pay a sum of Rs.10,000/- jointly, to the credit of Chief Minister's Public Relief Fund, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is allowed on condition that the petitioners shall pay a sum of Rs.10,000/-(Rupees Ten Thousand Only)jointly, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the Special District Judge, Special Court to deal with the cases of offence in contravention of the provisions of the Mines and Minerals (D&R) Act, Madurai.

6.On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Special District Judge, Special Court to deal with the cases of offence in contravention of the provisions of the Mines and Minerals (D&R) Act, Madurai, on condition that the petitioners shall execute 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 conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before respondent police daily at 10.30 am., until further orders.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 2/3

[f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 SPECIAL DISTRICT JUDGE, SPECIAL COURT TO DEAL WITH THE CASES OF OFFENCE IN CONTRAVENTION OF THE PROVISIONS OF THE MINES AND MINERALS (D&R) ACT, MADURAI. 2.THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.

ORDER

IN CRL OP(MD) No.12187 of 2021 Date :01/09/2021 SA/VR/SAR.3/29.09.2021/3P/5C 3/3