Pandi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18021 of 2018 PANDI ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, (CR NO.411 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.N.SATHISH BABU 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/A1, who was arrested and remanded to judicial custody since 03.08.2018 for the offences punishable under Sections 332, 307, 379 of I.P.C. and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. in crime No.411 of 2018, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 02.08.2018, the petitioner along with other accused has involved in sand theft by using the Tractor and when the respondent police was trying to stop the vehicle the petitioner and other accused attacked them and escaped from the scene of occurrence. Hence, a case has been registered.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the crime and he is incarceration from 03.08.2018. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that no previous case is pending against 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 the facts and circumstances, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner shall 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 and on such deposit, the petitioner is ordered to be released on bail, subject to the following conditions;

(i)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.1, Sivagangai;

(ii) the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

sd/- 09/10/2018 / 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.

3 THE SUB INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.N.SATHISH BABU Advocate SR.No. 89338

COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST,

ORDER

IN CRL OP(MD) No.18021 of 2018 Date :09/10/2018 JM/PN/SAR 4/09.10.2018/3P/8C