Sivapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sivapandian ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Nagaiahpuram Police Station, Madurai District.

(Crime No.54 of 2021).

... Respondent/Complainant For Petitioner :

M/s. Boomee Rajan.PR., Advocate.

For Respondent :

M/s.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.54 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC and Section 4(1)(1A), 21(5) of 1/5

Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.54 of 2021, seeks anticipatory bail.

2.The prosecution case is that the petitioner has illegally transported three units of rock sand by using Tipper Lorry bearing registration no.TN-59-AT-3663. Hence, the complaint.

3.Learned Counsel for the petitioner submits that the petitioner is an innocent and has not committed any offence as alleged by the prosecution, but, a false case has been foisted as against him. However, to show his bona fide, he is prepared to pay a sum of Rs.45,000/- to the Chief Minister's Public Relief Fund. 4.Learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioner has illegally transported three units of rock sand and hence, the case was registered. He further submitted that the petitioner has no previous case pending against him.

5.Considering the nature of mineral involved, the antecedent of the petitioner and his willingness to pay a sum of Rs.45,000/- to the Chief Minister's Public Relief Fund, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall pay a sum of Rs.45,000/-(Rupees Fourty Five Thousand Only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 2/5

10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Special District Court to deal with the cases of Offences in Contravention of the Provision of Mines and Minerals (D&R) Act, 1957, Madurai . 6.On production of such receipt / acknowledgement, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Special District Court to deal with the cases of Offences in Contravention of the Provision of Mines and Minerals (D&R) Act, 1957, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.

25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned * Special District Judge concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before respondent police daily at 10.30 am., until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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[d]the petitioner shall not abscond either during investigation or trial. [e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 01/10/2021 (*)AMENDED AS PER ORDER OF THIS COURT DATED 12.02.2024 IN CRL MP(MD) NO.1569 OF 2024 IN CRL OP(MD)NO.14881 OF 2021.

TIME GRANTED BY THIS COURT TO COMPLY WITH THE CONDITION IMPOSED VIDE ORDER DATED 01.10.2021 IN CRL OP(MD) NO.14881 OF 2021, IS EXTENDED FOR A PERIOD OF TWO WEEKS FROM THE DATE OF RECEIPT OF AMENDED COPY OF THIS ORDER.

/ TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE SPECIAL DISTRICT COURT, MINES AND MINERALS (DEVELOPMENT & REGULATION) ACT, MADURAI DISTRICT.

2. THE INSPECTOR OF POLICE, NAGAIAHPURAM POLICE STATION, MADURAI DISTRICT.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:

THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.

IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) +1. CC to M/S. BOOMEE RAJAN.PR. Advocate SR.No.1848(I), dated 14.02.2024

ORDER

IN CRL OP(MD) No.14881 of 2021 Date :01/10/2021 SP/VR/SAR I/06/10/2021/3P/6C ED/ JGB /SAR- (20/02/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5