John Santhiagu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18461 of 2018 1 JOHN SANTHIAGU 2 SOOSAI MANICKAM ... PETITIONERS/ACCUSED No.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.

IN CRIME NO.562/2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.B.SANTHANAM RAJESHKUMAR, 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 apprehend arrest at the hands of the respondent police for the offence punishable under Section 3 of TNPPDL Act, in Crime No.562 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the petitioners levelling the Kanmaikarai without getting proper permission from the concerned authorities. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent .

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 petitioners are directed to deposit jointly 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 their rights and contentions before the trial Court.

5.Merely, because the petitioners have deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently. https://hcservices.ecourts.gov.in/hcservices/

6.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners shall deposit jointly 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 such deposit, they are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Sivagangai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation.

The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 8.The petitioners 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/- 12/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, SIVAGANGAI DISTRICT. +1. CC to MR.B.SANTHANAM RAJESHKUMAR Advocate SR.No.19611 ORDER IN CRL OP(MD) No.18461 of 2018 Date :12/10/2018 PK/JC/SAR-4/25.10.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/