Muthu @ Esakkimuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16483 of 2018 MUTHU @ ESAKKIMUTHU ... PETITIONER / 1st ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO. 276 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.NALLAMUTHU 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 petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 I.P.C. in Crime No.276 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that on 10.09.2018, when the defacto complainant was in vehicle check up, the accused persons have transported 1⁄4 unit of sand, by using a Ashok Layland Vehicle. On seeing the police party, the persons ran away from the scene of occurrence. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is 1/4 unit and the same was recovered.
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 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. https://hcservices.ecourts.gov.in/hcservices/ 6.Merely, because the 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. 7.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the 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, Nanguneri, Tirunelveli District 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 petitioner shall appear before the respondent police as and when required for interrogation.
The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 8.The 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/- 14/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVEI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST,TIRUNELVELI DISTRICT. +1. CC to M/S.NALLAMUTHU Advocate SR.No.17609 PS/JC/SAR-4:20/09/2018:2P/7C
ORDER
IN CRL OP(MD) No.16483 of 2018 Date :14/09/2018 https://hcservices.ecourts.gov.in/hcservices/