Mohan Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Mohan raj 2.Selvan 3.Eswari 4.Kumar 5.Rajendran ... Petitioners/Accused No.1,2,4-6 Vs The State rep.by, The Inspector of Police, Chinnadharapuram, Karur District.

In Crime No.305 of 2021.

... Respondent/Complainant For Petitioner : Mr.A.Joseph Jerry, Advocate.

For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.305 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.305 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have illegally transported three units of river sand in bullock cart. Therefore, the present case came to be registered. 3.The learned counsel for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case. However, to show their bona fide, the first petitioner 1/4

has come forward to pay a sum of Rs.10,000/- and the remaining petitioners have come forward to pay a sum of Rs.5,000/- each to the credit of Chief Minister's Public Relief Fund. 4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners have transported three units of river sand illegally in bullock cart. He further submitted that the first petitioner is having one previous case of similar in nature.

5.Considering the nature of the mineral involved, the antecedents of the petitioners and their willingness to pay certain amount to the credit of Chief Minister's Public Relief Fund, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, this criminal original petition is allowed on condition that the first petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) and the petitioners 2 to 5 shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate Court, Aravakurichi, Karur District. 7.

On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Aravakurichi, Karur District, on condition that the petitioners shall execute a bond for a sum of Rs.

[a]the petitioners 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 the respondent police daily at 10.30 a.m. and 05.30 p.m. until further orders; [c]the petitioners 2 to 5 shall report before the respondent police daily at 10.30 a.m until further orders; [d]the petitioners shall not tamper with the evidence or witness either during investigation or trial. 2/4

[e]the petitioners shall not abscond either during investigation or trial.

[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [g]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

8.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.

9.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/- 07/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

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TO 1 THE JUDICIAL MAGISTRATE COURT, ARAVAKURICHI, KARUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE CHINNADHARAPURAM, KARUR DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, SECRETARIAT BRANCH, CHENNAI-9.

ORDER

IN CRL OP(MD) No.13012 of 2021 Date :07/09/2021 KMM MK/PN/SAR.III/29.09.2021/3P/6C 4/4