Chinnaiya, S/O.Thothan, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17769 of 2018 CHINNAIYA ... PETITIONER / SOLE ACCUSED Vs STATE BY THE SUB INSPECTOR OF POLICE, VALANADU POLICE STATION, TRICHY DISTRICT.

(CRIME.NO.85 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.RAMACHANDRAN 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 offence punishable under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation ) Act 1957, in Crime No.85 of 2018 on the file of the respondent police. He Seeks bail.

2. The case of the prosecution is that the petitioner had illegally transported three units of sand.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that three units of sand was seized 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.15,000/- (Rupees Fifteen 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. https://hcservices.ecourts.gov.in/hcservices/

7. Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i)the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees fifteen 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)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, Manapparai (iii) the petitioner shall appear before the respondent police as and when required for interrogation.

sd/- 05/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MANAPPARI.

2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY.

3 THE SUB INSPECTOR OF POLICE, VALANADU POLICE STATION, TRICHY DISTRICT.

4 THE OFFICER INCHARGE, SUB JAI, MANAPPARAI,TRICHY DISTRICT.

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

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST,TRICHY DISTRICT. +1. CC to M/S.P.RAMACHANDRAN Advocate SR.No.18938 PS/PN/SAR-4:05/10/2018:2P/8C

ORDER

IN CRL OP(MD) No.17769 of 2018 Date :05/10/2018 https://hcservices.ecourts.gov.in/hcservices/