Petitioner sought anticipatory bail fearing arrest for illegal sand transport. Court granted bail subject to depositing Rs.5,000 with District Mineral Foundation Trust and executing a bond with two sureties.
Grant of anticipatory bail conditional on Rs.5,000 deposit and execution of bond with two sureties.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Tenth day of October Two Thousand and Eighteen
PRESENT
The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
CRL OP(MD) No.18156 of 2018
MURUGAN
... PETITIONER / 2nd ACCUSED
Vs
THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT. (CRIME NO.281 OF 2018) ... RESPONDENT / COMPLAINANT
For Petitioner : Mr.S.RAMASAMY, Advocate.
For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor.
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 in Crime No.281 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that when the complainant was conducting usual checkup, at that time, he came to know that the accused person was illegally trying to transport river sand. Hence, the respondent police registered a case.
3.Heard the learned counsel on either side.
4.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.5,000/- (Rupees five thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust, without prejudice to her rights and contentions before the trial Court.
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5.Taking note of the facts and circumstances of this case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner shall deposit a sum of Rs.5,000/-(Rupees five 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 in the event of arrest or on his appearance before the learned Judicial Magistrate Nanguneri, and on his executing 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/-
/ TRUE COPY /
Madurai Bench of Madras High Court,
TO
COPY TO:
THE OFFICER INCHARGE,
DISTRICT MINERAL FOUNDATION TRUST, TIRUNELVELI.
+1. CC to Mr.S.RAMASAMY Advocate SR.No.19681.
CRL OP(MD) No.18156 of 2018
RAM/RR/SAR 4/23.10.2018/2P/7C
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail under Section 438 Cr.P.C. given apprehension of arrest for illegal sand transport.
1 provisions across 1 enactments
MURUGAN
THE STATE
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
