R. Kaleeswaran, S/O.Rajamani, 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.17461 of 2018 R.KALEESWARAN ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE, THIRUPPACHETHI POLICE STATION, SIVAGANGAI-630610.

(CR.NO.127 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.KARUNANIDHI 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 12.10.2018 for the offences under Sections 353, 379, 307 I.P.C. and Section 3 of Tamil Nadu Property (Prevention of Damage & Loss) Act, 1992 and Section 21

(1) Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.127 of 2018, on the file of the respondent Police. He seeks bail.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3.The case of the prosecution is that on 13.09.2018, when the de-facto complainant was conducting usual checkup, at that time, he came to know that the accused person was illegally trying to transport the kanmai sand by using lorry bearing Registration No.TN48-K-5496. Hence, the respondent police registered a case. 4.The learned counsel appearing for the petitioner would submit that the petitioner's sister-in-law viz., S.Chinnamari, filed a Writ Petition before this Court regarding the issue of illegal sand

quarrying. Subsequently, in order to wreak vengeance, this false case has been foisted against the petitioner herein. 5.The learned Additional Public Prosecutor appearing for the respondent police submits that the quantity of sand involved is two units and the same was recovered by the respondent police. 6.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 his rights and contentions before the trial Court. 7.

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. 8.Taking note of all these aspects, this Court is inclined to enlarge the petitioner on bail with certain conditions.

(i) 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 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, Manamadurai.

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

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, MANAMADURAI.

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

3 THE INSPECTOR OF POLICE, THIRUPPACHETHI POLICE STATION, SIVAGANGAI-630610.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.R.KARUNANIDHI Advocate SR.No.19563 COPY TO:

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

ORDER

IN CRL OP(MD) No.17461 of 2018 Date :12/10/2018 JM/PN/SAR 2/12.10.2018/2P/8C