Vignesh Prumal @ Vignesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 28.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.16640 of 2021 1.Vignesh Perumal @ Vignesh 2.Deepanraj @ Deepan ... Petitioners /Accused Nos.1 & 2 Vs.

State rep.by The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.436 of 2021) ... Respondent/Complainant For Petitioner : M/s.P.Samuel Gunasingh, 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.436 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order : The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC, in Crime No.436 of 2021, seek anticipatory bail. 2.The prosecution case is that the petitioners have illegally transported one unit of Saral sand. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case, but, a false case has been foisted as against them. However, to show their bona fide, they are prepared to pay a sum of Rs.10,000/- to any organization as directed by this Court.

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners have transported one unit of saral sand illegally. He further submitted that the first petitioner has no previous case pending against him and the second petitioner is having two previous cases pending against him. 5.Considering the nature of mineral involved, the 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 petitioners. Accordingly, this Criminal Original Petition is allowed 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, Tirunelveli District, without prejudice to his rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Magistrate No.V, Tirunelveli District.

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.On production of receipt / acknowledgement for having paid the amount before the District Green Committee, and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Tirunelveli District, on condition that the petitioners shall execute a bond for a sum of Rs.

[a]the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioners shall report before respondent police daily at 10.30 am., until further orders.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 28/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd 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 JUDICIAL MAGISTRATE NO.V, TIRUNELVELI DISTRICT.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE MANUR POLICE STATION, TIRUNELVELI DISTRICT.

4. THE OFFICER INCHARGE, DISTRICT GREEN COMMITTEE, TIRUNELVELI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.16640 of 2021 Date :28/10/2021 SP/VR/SAR i/17/11/2021/4P/7C