Johnravi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 M.JOHNRAVI 2 M.ARUMUGAM ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE KOLLIDAM POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

CRIME NO.262/2023. ... RESPONDENT / COMPLAINANT For Petitioner : MR.N.ANANDA KUMAR, Advocate For Respondent : MR.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.262/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 379 IPC r/w Section 21(4) of Mines and 1/6

Minerals (Development and Regulation) Act, 1957 in Crime No.262 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners was involved in illegal transportation of 1/4 unit of river sand each using bullock carts. 3.The learned counsel appearing for the petitionerswould submit that the petitioners have not committed any offence as alleged by the prosecution. However, on instructions, he further submitted that the petitioners, without prejudice to their rights, are ready to deposit the amount a sum of Rs.10,000/- to Roja Vanam, Senior Citizens Care Centre, Uthangudi, Madurai.

4.The learned Government Advocate (Crl.Side) submitted that the vehicle involved was seized by the respondent Police and the investigation is going on. 5.In view of the rehabilitation undertaken by the State Government under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities and also considering the submission made by the learned counsel for the petitioners, this Court is of the opinion that the petitioners shall be directed to make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Managing Director, Roja Vanam, Senior Citizens Care Centre, Uthangudi, Madurai, without prejudice to their rights and contentions. 6.It is made clear that the deposit of the amount by the petitioners would not 2/6

amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of anticipatory bail. 7.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 8.Accordingly, 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 District Munsif cum Judicial Magistrate, Srirangam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties each for a like sum to the satisfaction of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b)the petitioners shall make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) jointly through demand draft to the credit of the Managing Director, Roja Vanam, Senior Citizens Care Centre, Uthangudi, Madurai, 3/6

without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioners;

(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioners shall not abscond either during investigation or trial; (g)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]; and; 4/6

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO THE DISTRICT MUNSIF CUM THE JUDICIAL MAGISTRATE, SRIRANGAM.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

THE INSPECTOR OF POLICE KOLLIDAM POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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

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COPY TO THE MANAGING DIRECTOR ROJA VANAM, SENIOR CITIZEN CARE CENTRE, UTHANGUDI, MADURAI.

ORDER

IN Date :03/01/2024 PKP/DD/SAR- /09.01.2024/ 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6