R.Premkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18119 of 2018 R.PREMKUMAR ... PETITIONER / ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.
(CR NO.156 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.S.MOHAMED MOHIDEEN 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 apprehends arrest at the hands of the respondent police for the offences punishable under Sections 21 (a) and 21(b) of Tamil Nadu Mines and Minerals Act, 1957 and Section 379 of IPC in Crime No.156 of 2018, seeks bail.
2.The case of the prosecution is that when the complainant was conducting usual checkup, at that time, he came to know that the accused person was illegally trying to transport river sand and found that there is no permit for transporting the sand. Hence, the respondent police registered a case.
3.Heard the learned counsel for the petitioner. 4.The learned Additional Public Prosecutor states that there is no previous case is pending against the petitioner herein. 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 her rights and contentions before the trial Court. https://hcservices.ecourts.gov.in/hcservices/
6.Taking note of the facts and circumstances, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner shall 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 and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Alangudi, and on his executing 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for bail shall stand dismissed.
sd/- 10/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI.
2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.
3 THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, PUDUKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.T.S.MOHAMED MOHIDEEN Advocate SR.No.19271 COPY TO:
THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, PUDUKKOTTAI DISTRICT.
ORDER
IN CRL OP(MD) No.18119 of 2018 Date :10/10/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/PN/SAR 1/10.10.2018/2P/8C