Rijo, S/O.Lucas, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15230 of 2018 1 RIJO, 2 CHRISTURAJ, ... PETITIONERS / ACCUSED NO. 2 AND 3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, IN CRIME NO.268 OF 2018 TIRUNELVELI DISTRICT. RESPONDENT / COMPLAINANT For Petitioners : M/S.C.SUSI KUMAR Advocate For Respondent : M/S.M.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, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 I.P.C. in Crime No.268 of 2018, seek anticipatory bail. 2.
The case of the prosecution is that the petitioners had illegally transported the river sand by using Lorry bearing Registration No.TN-60-L-8022. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the quantity of sand involved is three unit and the same was recovered. He further submitted that there is no previous case is pending against the petitioners. 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 jointly a sum of Rs.
15,000/- (Rupees fifteen thousand only) 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 their guilt. Therefore, https://hcservices.ecourts.gov.in/hcservices/
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 jointly a sum of Rs.15,000/-(Rupees fifteen thousand only) 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 No.V, Tirunelveli and on their 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/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.V,TIRUNELVELI. 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:- THE OFFICERS INCHARGE, THE DISTRICT MINERAL FOUNDATION TRUST, TIRUNELVELI DISTRICT.
ORDER
IN CRL OP(MD) No.15230 of 2018 Date :28/08/2018 MV:JC:SAR2:05/09/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/