Chinnadurai, S/O.Muppidathi v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17409 of 2018 CHINNADURAI ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE, SIVANTHIPATTI POLICE STATION, (CRIME NO.149 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 05.09.2018 for the offences punishable under Sections 294 (b), 307, 353 and 379 IPC in Crime No.149 of 2018, on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 05.09.2018, when the de facto complainant was conducting usual checkup, at that time, he came to know that the petitioner and others had illegally transported the river sand by using tractor and trailer Bearing Registration No.TN-74-T-0164. Hence, the respondent police registered a case.

3. Heard the learned counsel appearing for the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent police submits that the quantity of sand involved is one unit and the same was recovered by the respondent police. There are seven previous cases are pending against the petitioner. Hence, he vehemently opposed the grant of bail to the petitioner.

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. 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 all these aspects, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) 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. (ii) On such deposit, the petitioner shall execute 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 Judicial Magistrate No.III, Tirunelveli.

(iii) the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders.

sd/- 25/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, SIVANTHIPATTI POLICE STATION, 4 THE OFFICER INCHARGE, BORSTAL SCHOOL, NANGUNERI.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.91750 COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST,

ORDER

IN CRL OP(MD) No.17409 of 2018 Date :25/10/2018 JM/PN/SAR 3/25.10.2018/3P/8C