Babu v. State Rep by
Case brief
What is this about?
Three petitioners accused of illegally transporting river sand sought anticipatory bail under Section 438 CrPC. The High Court allowed bail conditioned on a non-refundable deposit to the District Mineral Foundation Trust and daily reporting, without admitting guilt.
What did the court decide?
Petitioners granted anticipatory bail conditioned on non-refundable deposit of Rs. 10,000 to District Mineral Foundation Trust, daily reporting, and surrender within 15 days.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 01.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11296 of 2021
1.Babu 2.Kannan 3.Saranraj ..Petitioners/Accused Nos.1 to 3
-Vs-
State, rep.by The Sub Inspector of Police, Sevvapet Police Station, Thiruvallur District. Crime No.320 of 2021 ..Respondent /Complainant
Prayer: Criminal Original petition filed under Section 438 of Cr.PC to enlarge the petitioners on bail in the event of their arrest in connection with the Crime No.320 of 2021 on the file of the respondent police.
For Petitioners : Mr.R.Sasikumar For Respondent : Mr.C.E.Pratap Government Advocate (Criminal Side)
ORDER
(The Case has been heard through Video Conference)
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 379, 430 of IPC r/w Section 21(1) Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.320 of 2021 on the file of the respondent police, seek anticipatory bail.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted against the three accused for alleged illegal transport of sand under Section 379 and 430 IPC read with Section 21(1) of the Mines and Minerals (Development
Whether a non-refundable deposit to the District Mineral Foundation Trust is a valid condition for granting bail.
What conditions should be imposed while granting anticipatory bail in cases of illegal sand mining.
Parties & counsel
- petitioner
Babu
- petitioner
Kannan
- petitioner
Saranraj
- respondent
State
Coram
Case details
As recorded by the court registry
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