S.Vaikundam@Vaikundamani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18132 of 2018 S.VAIKUNDAM@VAIKUNDAMANI ... PETITIONER / ACCUSED NO.2 Vs STATE REP. BY THE INSPECTOR OF POLICE, SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT.
CR NO.359 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.I.PINAYGASH Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 25.09.2018 for the offence under Sections 379 of I.P.C. and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in crime No.359 of 2018 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 25.09.2018, the petitioner has transported 2 units of sand illegally by using lorry bearing Reg.No.TN-55 T 9039. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioner. 4.The learned Government Advocate (criminal side) appearing for the respondent submitted that the quantity of sand involved is 2 units and the same was recovered.
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.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. https://hcservices.ecourts.gov.in/hcservices/
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 grant bail to the petitioner with certain conditions. Accordingly, the petitioner shall 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 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.III, Nagercoil, Kanyakumari District;
(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.
sd/- 24/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL, KANYAKUMARI.
2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.
3 THE INSPECTOR OF POLICE, SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT JAIL, NAGERCOIL, KANYAKUMARI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.I.PINAYGASH Advocate SR.No. 20074 COPY TO:
THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, KANYAKUMARI DISTRICT.
ORDER
IN CRL OP(MD) No.18132 of 2018 Date :24/10/2018 JM/PN/SAR 2/24.10.2018/2P/8C https://hcservices.ecourts.gov.in/hcservices/