N.Ponnar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16252 of 2018 1 N.PONNAR 2 AYYAPPAN ... PETITIONERS/ ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.
CRIME NO.221 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.K.ARUNRAJ Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 I.P.C. and r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.221 of 2018, seek anticipatory bail.
2.The case of the prosecution is that the petitioners have transported the sand illegally without valid permission. Hence, a case has been registered.
3.Heard the learned counsel appearing for the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the second petitioner was arrested and remanded into judicial custody on 09.09.2018 and there is no previous case is pending against the first petitioner. 5.Taking note of the bad antecedents of the first petitioner, this Court is not inclined to grant anticipatory bail to the second petitioner. Accordingly, this Criminal Original Petition is dismissed as far as the second petitioner is concerned. https://hcservices.ecourts.gov.in/hcservices/ 6.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 first petitioner is directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court. 7.Merely, because the first petitioner has 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. 8.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the first petitioner with certain conditions. Accordingly, the first petitioner shall deposit a sum of Rs.
5,000/- (Rupees five thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit he is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Musiri and on his executing 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 condition that the first petitioner shall appear before the respondent police as and when required for interrogation. The first petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 8.
The first petitioner 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/- 11/09/2018 / 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, THOTTIYAM POLICE STATION, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, TRICHY DISTRICT.
+1. CC to Mr.K.ARUNRAJ Advocate SR.No.17360 ORDER IN CRL OP(MD) No.16252 of 2018 Date :11/09/2018 MS/VR-MMS/SAR-1/17.09.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/