Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 08.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.15724 of 2021 1.Pandi 2.Prakash ... Petitioners/Accused No.1-2 Vs The State rep. by The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

(Crime No.158 of 2021) ... Respondent/Complainant For Petitioners : M/s.R.Balamuruganantham, Advocate For Respondent : M/s.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.158 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC and Sections 21(1) and 21(5) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.158 of 2021, seek anticipatory bail.

2.The prosecution case is that the petitioners have been found illegally transporting red soil without valid permission. Hence, the complaint.

3.Learned Counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as

alleged by the prosecution, but, a false case has been foisted as against them. However, to show their bona fide, the petitioners are prepared to pay a sum of Rs.10,000/- to any organization as directed by this Court.

4.Learned Government Advocate(Crl Side) appearing for the respondent police submitted that the petitioners have illegally transported red soil and hence, the case was registered. He further submitted that the first petitioner has involved in three previous cases, of which two are similar in nature and the second petitioner has involved in two offences under IPC.

5.Since the first petitioner has involved in three previous cases and two are similar in nature, this petition is dismissed as against the first petitioner. Considering the nature of mineral involved and antecedent of the second petitioner and his willingness to pay a sum of Rs.10,000/-, this Court is inclined to grant anticipatory bail to the second petitioner. Accordingly, this Criminal Original Petition is allowed as against the second petitioner on condition that the second petitioner shall pay a sum of Rs.

10,000/- (Rupees Ten Thousand Only) in favour of the District Green Committee, Madurai District, without prejudice to his rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judge, Special District Court, to deal with the cases of offence in contravention of the provisions of the Mines and Minerals (D and R) Act, Madurai. 6.The District Green Committee, which was formed as per the Government Order in G.O.Ms.No.39, Environment, Climate Change and Forest (FR.13) Department, dated 02.07.2021, pursuant to the directions of this Court in W.P.No.11094 of 2021, shall utilize the amount paid by the petitioner for plantation of trees on either side of the road, tree guard, drip irrigation, manure, etc.

, with public participation, including, NGOs, Confederation of Industries, Rotary Clubs, Lions Clubs, School Students, College Students, Self Help Groups, labours under MGNREGS and any other volunteers, etc., to achieve 100% survival rate of the planted trees. The State Green Committee shall extend their support in this regard by recommending the correct variety / species of trees, in accordance with the soil type and climatic conditions and also for the maintenance. The maintenance of the trees planted has to be reviewed by the District Green Committee, after two years and necessary appreciations have to be made to the stakeholders concerned in the form of certificates. 7.

condition that the second 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 Magistrate concerned and on further conditions that:

[a]the second 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 second petitioner shall report before the respondent police daily at 10.30 am., until further orders. [c]the second petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the second petitioner shall not abscond either during the investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Judge/Trial Court is entitled to take appropriate action against the second petitioner in accordance with law as if the conditions have been imposed and the second petitioner is released on bail by the learned Judge/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.

7.In fine, this petition is partly allowed.

Sd/- 08/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

dsk Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDGE, SPECIAL DISTRICT COURT, TO DEAL WITH THE CASES OF OFFENCE IN CONTRAVENTION OF THE PROVISIONS OF THE MINES AND MINERALS (D AND R) ACT, MADURAI.

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

3. THE OFFICER INCHARGE, THE DISTRICT GREEN COMMITTEE, MADURAI DISTRICT.

4. THE OFFICER INCHARGE, THE STATE GREEN COMMITTEE, CHENNAI.

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

ORDER

IN CRL OP(MD) No.15724 of 2021 Date :08/10/2021 SP/SKN/SAR I/25/10/2021/4P/6C