Panneerseslvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17482 of 2018 PANNEERSELVAM ... PETITIONER / 1st ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, KALLAKUDI POLICE STATION, TRICHY DISTRICT, (CR NO. 151 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.T.LENIN KUMAR 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 11.09.2018 for the offences punishable under Sections 379 I.P.C, r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.151 of 2018, on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 11.09.2018, the petitioner had illegally transported the river sand by using TATA ACE vehicles bearing Registration No.TN-45-AF-7747. Hence, the case has been registered.

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. 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, Lalgudi.

(iii) the petitioner shall appear before the respondent police as and when required for interrogation.

sd/- 01/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, KALLAKUDI POLICE STATION, TRICHY DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, LALGUDI.

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

COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, TRICHY DISTRICT.

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No. 18658

ORDER

IN CRL OP(MD) No.17482 of 2018 Date :01/10/2018 JM/MMS/SAR 3/01.10.2018/3P/8C