Prabhu @ Muthuraman, v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16042 of 2018 1 PRABHU @ MUTHURAMAN 2 MANI 3 AJITH @ AJITH KUMAR ... PETITIONERS / ACCUSED NO.3 tO 5 Vs STATE REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE ELAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.
(CRIME NO.211/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.P.R.PRITHIVIRAJ Advocate For Respondent : MRS.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 offences punishable under Section 379 I.P.C. and Section 21(1) of Mines and Minerals (Development and Regulation) Act and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss ) Act, in Crime No.211 of 2018, seek anticipatory bail 2.The case of the prosecution is that the petitioners and other accused had illegally transported the river sand. 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 3 unit and the same was recovered. He further submitted that there is no previous case 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, 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, Elayankudi 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/- 07/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ELAYANKUDI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE SUB INSPECTOR OF POLICE ELAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT
4 THE OFFICER IN CHARGE, DISTRICT MINERAL FOUNDATION TRUST, SIVAGANGAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.R.PRITHIVIRAJ Advocate SR.No.17304
ORDER
IN CRL OP(MD) No.16042 of 2018 Date :07/09/2018 MSI/PN/SAR-I/17.09.2018-3P/7C