Kutti @ Prasath v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.13261 of 2021 1.Kutti @ Prasath 2.Vikki @ Vignesh ... Petitioners/Accused 1 & 2 Vs The State Rep. by The Sub Inspector of Police, M.Kallupatti Police Station, Madurai District.

(Crime No.19 of 2021).

... Respondent/Complainant For Petitioner : Mr.G.Thalaimutharasu 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.19 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC r/w Section 21(5) of Tamilnadu Mines and Minerals (Development and Regulation Act), 1957 seeks anticipatory bail. 2.The case of the prosecution is that the petitioners had illegally transported half unit of river sand. Hence, the present case has been registered.

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.15,000/- to the credit of Chief Minister's Public Relief Fund. 4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioners had transported river sand illegally. He further submitted that A1 is having no previous case and A2 involved in four previous cases and two of them are similar in nature.

5.Considering the nature of mineral involved, the antecedents of the petitioners and their willingness to pay a sum of Rs.7,500/- to the credit of Chief Minister's Public Relief Fund,

this Court is inclined to grant anticipatory bail to the first petitioner alone. Accordingly, this criminal original petition is partly allowed on condition that the first petitioner shall pay a sum of Rs.7,500/-(Rupees Seven Thousand Five Hundred Only) 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 learned Judicial Magistrate No.II, Usilampatti. The anticipatory bail application as against the second petitioner is rejected. 6.

On production of such receipt/acknowledgment, the petitioner is 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 Judicial Magistrate No.II, Usilampatti, on condition that the first petitioner shall execute a bond for a sum of Rs.

[a]the first petitioner 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 first petitioner shall report before respondent police daily at 10.30 am., until further orders.

[c]the first petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the first petitioner 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

7.It is needless to say that any tool or instrument or vehicle used for illegal quarrying/ transportation of sand is liable to be seized under Section 21(4) of the Mines and Minerals(Development & Regulation) Act, 1957 and any vehicle or instrument or tool which has been seized under Section 21 (4) of the Mines and Minerals (Development & Regulation) Act, 1957, is liable to be confiscated under Section 21(4-A) of the Act.

8.Though the above provision mandates the authorities to

confiscate the tool or instrument or vehicle involved in the commission of the offence of illegal quarrying / transportation of sand, the authorities have not invoked the provision of 21 (4-A) of the Mines and Minerals(Development & Regulation) Act, 1957 and therefore, a Division Bench of this Court in W.P.No.19936 of 2016, etc., batch has emphasised the need for confiscation of the vehicles. Consequently, the Government has also issued certain directions to the authorities of Revenue, Police and Forest and Geology and Mining departments to seize the vehicles and for confiscation of the same in G.O.Ms.No.170, Industries (MMC-2) Department, dated 05.08.2020. Therefore, the respondent police is directed to proceed further as per Section 21 (4-A) of the Mines and Minerals(Development & Regulation) Act, 1957 and as per the guidelines issued in G.O.Ms.No.170, Industries (MMC-2) Department, dated 05.08.2020.

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

tmg/vrn 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 JUDICIAL MAGISTRATE NO.II, USILAMPATTI. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3.THE SUB INSPECTOR OF POLICE, M.KALLUPATTI POLICE STATION, MADURAI.

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

5.THE OFFICER INCHARGE, GOVERNMENT OF TAMILNADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9 +1 CC to M/s.G.THALAIMUTHARASU, Advocate (SR-6164[I] dated 13/09/2021) ORDER IN CRL OP(MD) No.13261 of 2021 Date :09/09/2021 SB/SKN/SAR-III/23.09.2021/3P/7C