Joseph v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18113 of 2018 JOSEPH ... PETITIONER / SOLE ACCUSED Vs STATE REPRESENTED BY ITS, THE INSPECTOR OF POLICE, COLACHEL POLICE STATION, KANYAKUMARI DISTRICT.
(CRIME NO.210/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.T.PERUMAL, 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 offences punishable under Sections 379 IPC r/w Section 21 (1) of Mines and Minerals Act, in Crime No.210 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that when the complainant was conducting usual checkup, at that time, he came to know that the accused person was illegally trying to transport river sand. Hence, the respondent police registered a case.
3.Heard the learned counsel on either side.
4.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.10,000/- (Rupees ten thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to her rights and contentions before the trial Court. 5.Taking note of the facts and circumstances of this case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner shall deposit a sum of Rs.10,000/-(Rupees ten thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on https://hcservices.ecourts.gov.in/hcservices/
such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Eraniel, Kanyakumari 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.
6.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/- 10/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.
3.THE INSPECTOR OF POLICE, COLACHEL POLICE STATION, KANYAKUMARI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO :
THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, KANYAKUMARI. +1. CC to Mr.C.T.PERUMAL, Advocate, SR.No.19309.
ORDER
IN CRL OP(MD) No.18113 of 2018 Date :10/10/2018 RAM/MMS/SAR 4/16.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/