Allowed

Thamodaran v. the State Rep

Madras HC15 Jun 2021CRL OP/10413/2021

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to the petitioner apprehending arrest for illegal sand transportation. Bail was granted subject to a non-refundable deposit of Rs. 5,000 to the District Mineral Foundation Trust and a bond of Rs. 10,000.

What did the court decide?

Petitioner released on bail on execution of bond of Rs. 10,000 and payment of non-refundable deposit of Rs. 5,000 to District Mineral Foundation Trust.

Thamodaran Vs the State Rep — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 15.06.2021

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CORAM

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.10413 of 2021

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Thamodharan ..Petitioner

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-Vs-

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The State Rep. by The Inspector of Police, Cheyyar Police Station, Thiruvannamalai District. (Cr.No.548 of 2021) ..Respondent

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Prayer: Criminal Original petition filed under Section 438 of Cr.PC to enlarge the petitioner on bail in the event of his arrest in Crime No.548 of 2021 pending on the file of the respondent police.

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For Petitioner : Mr.E.Sathiyaraj For Respondent : Mr.C.E.Pratap Government Advocate (Criminal Side) ORDER

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379 and 430 of IPC read with section 21(5) of Mines and Minerals (Development & Regulation) Act, 1957. in Crime No.548 of 2021 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner was involved in illegal transportation of 1/4 unit of river sand by using bullock cart.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioner, without prejudice to his rights, is ready to deposit the amount that may be imposed by this Court.

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4.The learned Additional Public Prosecutor submitted that the vehicle involved was seized by the respondent police and there is no previous case pending against the petitioners. He further submitted that if the persons are caught with illegal sand in the mining area, necessarily they could be

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released on bail by imposing condition of deposit of any amount as may be ordered by this Court. In view of formation of District Mineral Foundation Trust in each District, the amount may directed to be deposited to the credit of the said Trust for rehabilitation in the areas affected by illegal sand mining.

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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 petitioner, this Court is of the opinion that the petitioner may be directed to make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to his rights and contentions. The amount so deposited shall be utilised by the Trust for rehabilitation works.

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6.It is made clear that the deposit of the amount by the petitioner to the Trust would not 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.

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7.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate, I am inclined to grant anticipatory bail to the petitioner on certain conditions.

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8.Accordingly, 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 Judicial Magistrate, Cheyyar, Tiruvannamalai District, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a)if the petitioner 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;

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(b)the petitioner shall make a non refundable deposit of Rs.5,000/(Rupees Five Thousand only) through demand draft to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, 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;

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(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;

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

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

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(f)the petitioner shall not abscond either during investigation or trial;

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(g)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]; and;

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(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/15/06/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE, CHEYYAR, TIRUVANNAMALAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION]. 3 THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, TIRUVANNAMALAI DISTRICT. 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE CHAIRMAN/DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, TIRUVANNAMALAI.

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+1 CC to M/S E.SATHIYARAJ Advocate on payment of necessary charges SR.NO. 6553

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CRL OP.10413/2021

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Date :15/06/2021 MN-06/07/2021

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